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Chap. I. Of the rising at Pentland, 1666, 2. 

Sect. 1. The state of affairs before the rising, 
2 — proclamation against the apologetical nar- 
ration, February 8th, 1666, 7 — letter from a 
gentleman in Galloway, 1666, 9— proclamation 
for procuring obedience to ecclesiastical author- 
ity, October 11th, 1666, 15. 

Sect. 2. Of the rising itself, 17 — council's let- 
ter to the commissioner, November 17th, 1666, 
19 — proclamation against the rebels in arms, 
November 21st, 1666, 20 — council's act for de- 
fence of the country, November 21st, 166(3, 21 — , 
declaration of those in arms for the covenant, 
1666, 25 — king's letter to the council, Novem- 
ber 24th, 1666, 27. 

Sect. 3. Of the executions of such as were 
taken, 35 — proclamation discharging the reset of 
the rebels, December 4th, 1666, 36 — process 
against captain Andrew Arnot, &c. December 
4th, 1666, 39 — commission for justiciary at 
Glasgow, December 1666, 51 — William Suther- 
land's declaration, 54— association at Exeter, 
1688, 60 — association in the north of England, 
1688, ibid. 

Chap. II. Of the state and sufferings of pres- 
byterians, 1667, 61. 

Sect. I. Of the severities of the army, and 
forfeitures after Pentland, 62 — indictment 
against colonel Wallace, &c. 1667, 66 — process 
against colonel Wallace, 1667, 70 — process 
against Caldwell, &c. 1667, 73— commission to 
the laird of Houshill, October 12, 1667, 75— 
gift of Caldwell's estate to Dalziel, July 11th, 
1670, ibid — remission to Robert Chalmers, June 
21st, 1669, 77. 

Sect. 2. Of the disbanding the army, bond of 
peace, &c. 80 — proclamation for bringing in 
arms, March 25th, 1667, 83 — proclamation for 
bringing in horses, March 25th, 1667,84 — coun- 
cil's letter to the king, March 25th, 1667, 85 — 
proclamation about ministers, June 13th, 1667, 
86 — king's letter to the council about forfeitures, 
May 4th, 87 — king's letter to the council, Aug- 
ust 23d, 1667, 89 — king's pardon and indemnity 
to those in the rebellion, October 1st, 1667, 92 
— council's act anent the indemnity, with the 
bond of peace, October 9th, 1667, 93 — council's 
act about the bond, 94 — instrument taken at 
subscribing the bond, December 30th, 1667, 95 
— council's orders to the aimy, November 15th, 
1667, 97 — act of council about the forces, Nov- 
ember 15th, 1667, 98. 

Chap. III. Of the state and sufferings of 
presbyterians, 1668, 100. 

Sect. 1. Of Sir James Turner and Sir William 
Bwnnantyne their cruelties, 101 

Sect- 2. Of the bond of peace, Mr Mitchel's 

attempt, &c. 105 — proclamation against rebels 
who have not accepted the indemnity. May 9th, 
1668, 10S — bond by the town of Edinburgh 
against conventicles, July 29th, 1668, 111 — Mr 
John Wilkie's examination before the council, 
July 28th, 1668, 113. 

Chap. IV. Of the state and sufferings of 
presbyterians 1669, 120. 

Sect. 1. Of presbyterians' sufferings before the 
indulgence, ibid. 

Sect. 2. Of the first indulgence, July 1669, 

Sect. 3. Of the proceedings of the parlia- 
ment this year, 136 — act anent the supremacy, 
November 1669, 137— act anent ministers, 1669, 

Sect. 4. Of other matters this year, 141. 

Chap. V. Of the state and suffering of pres- 
byterians 1670, 146. 

Sect. 1. Of the state of the indulged, and 
keepers of conventicles this year, 146 — procla- 
mation anent conventicles, February 3d, 1670, 
150— letter to a minister, 1670, 154. 

Sect. 2. Of the actings of the western com- 
mittee, and other things, 159 — Mr John Men- 
zies' testimony, July 12th, 1670, 164 — letter 
from a meeting of ministers, 1670, 165. 

Sect. 3. Of the laws and acts of parliament, 
166— act 2d, pail. 1670, anent deponing, 167— 
act 5tb, pari. 1670, anent field-conventicles, 169 
— act 6th, pari. 1670, anent baptisms, 173— act 
7th, pari. 1670, anent separation, 174. 

Sect. 4. Of the accommodation proposed by 
bishop Leighton, 175.— bishop Leighton's pro- 
posal at Paisley, 181— counter proposal to the 
former, ibid. 

CHAr. VI. Of the state and sufferings of 
presbyterians, 1671, 182. 

Chap. VII. Of the state and sufferings of 
presbyterians 1672, lfiO. 

Sect. 1. Of the persecution of particular per- 
sons, 191 — decreet, king's advocate against Mr 
Duncan and the countess of Wigton, July 27th, 
1672, 193. 

Sect. 2. Of the laws and acts of parliament 
this year, 197 — act 9th, pari. 1672, against un- 
lawful ordinations, ibid — act 11th, pari. 1672, 
anent baptisms, 198 — act 12th, pari. 1672, anent 
the 29th of May, 199— act 17th, pari. 1672, 
against conventicles, 200. 

Sect. 3. Of the second indulgence, Septem- 
ber 1672, 201 — declaration of his majesty's fa- 
vour or English indulgence, March 15th, 1672, 
202 — act 1st, anent the indulgence, September 
3d, 1672, 203— act 2d, September 2d, 1672, 205 
— act 3d, September 3d, 1672, ibid — grievances 
as to the indulgence, 207. 


Chap. VIII. Of the state and sufferings of 
presbyterians 1673, 211 — proclamation against 
conventicles, April 2d, 1673, 212 — true narra- 
tive, &c. 217 — a short account of affairs from 
Scotland, November 1673, 229 — Doctor Burnet's 
letter to Lauderdale, December 15th, 1673, 232. 

Chap. IX. Of the state and sufferings of 
presbyterians 1674, 233. 

Sect 1 . Of the procedure against conventicles, 
233 — proclamation, June 18th, 1674, obliging 
heritors and masters for their tenants and ser- 
vants, 235 — act of council for apprehending the 
rebels, June 16th, 1674, 237— king's letter to the 
council against conventicles, June 23d, 1674, 
238 — act of council anent these pursued for field- 
conventicles, July 16th, 1674, 242. 

Sect. 2. Other occurrences this year, 248— 
Mr James Mitchel's libel, March 2d, 1674, 249 
— Mr Thomas Forrester's large paper, 253— Mr 
Forrester's remarks on the synod's sentence, 
259— king's indemnity, March 24th, 1674, 266 
— presbytery of Paisley's sense of the overtures, 
274 — articles agreed on at the meeting of minis- 
ters, January 20th, 1675, 275 — exceptions by a 
particular minister, 276 — presbytery of Paisley's 
sense of the articles, 277. 

Chap. X. Of the state and sufferings of 
presbyterians 1675, 278. 

Sect. 1. Of the persecution of particular per- 
sons this year, 279 — council's act for a fast, July 
15th, 1675, 280 — letters of intevcommuniiig, 
August 6th, 1675, 286 — state of my lord Car- 
dross's process, 1675, 291. 

Sect. 2. Of some other particulars this year, 
295 — Burnet's examination and declaration, 298 
— commons address against Lauderdale, April 
27th, 1675, 299 — king's answer, May 7th, 1675, 

Chap. XI. Of the state and sufferings of 
presbyterians 1676, 317. 

Sect. 1. Of the council's procedure against 
presbyterians, 317 — proclamation against con- 
venticles, &c. March 1st, 1676, 318. 

Sect. 2. Of the sufferings of particular per- 
sons this year, 326. 

Sect. 3. Of the circumstances of the indulg- 
ed, and other matters, 336. 

Chap. XII. Of the sufferings of presbyter- 
ians 1677, 345. 

Sect. 1. A general view of the state of pres- 
byterians this year, 346. 

Sect. 2. Of the suffering? of particular per- 

sons, 351 — Brae's examination, January- 29th, 
1677, 353. 

Sect. 3. The council's procedure against con- 
venticles and presbyterians this year, 361 — coun- 
cil's proclamation, with the tenor of the bond, 
August 2d, 1677, 364. 

Sect, 4. Of the more immediate inlets to the 
Highland host, 370. 

Chap. XIII. Of the Highland host, and the 
sufferings of presbyterians, 1678, 378. 

Sect. 1. Of the commission, and other things 
preceding the Highland host, 379 — commission 
for raising the Highlanders, December 26th, 

1677, ibid — commission to committee of council 
in the west, January 18th, 1678, 383. 

Sect. 2. Of the actings of the Highland host, 
and committee joined with them, 388 — minute 
of some reasons in law against the bond, 1678, 
392 — letter containing reasons against the bond, 
393 — Hugh M'Hutchison's paper upon his 
taking the bond, May 1678, 395 — proclamation 
against resetting tenants, &c. February 11th, 

1678, 398 — act for securing the public peace, 
February 14th, 1678, 400 — letter on the law- 
borrows, 1678, 402 — bond of relief to the magis- 
trates of Ayr, February 1678, 408 — proclama- 
tion for taking the bond in several shires, March 
13th, 1678, 417. 

Sect. 3. Of the damages done by the High- 
land host, 421 — instrument, dutchess of Hamil- 
ton against the earl of Strathmore, April 5th, 
1678, 430. 

Sect. 4. Of the things which followed till 
June 1678, 432 — true narrative of the proceed- 
ings of the council in the year 1678, 442 — obser- 
vations upon the true narrative, April 1678, 

Sect. 5. Of the process against Mr James 
Mitchel, 454 — defences, replies, and duplies, in 
Mr James Mitchel's process, 1678, 459 — Mr 
James Mitchel's confession, February J 0th, 
1674, 460. 

Sect. 6. Of the persecution of particular per- 
sons this year, 473. 

Sect. 7." Of the convention of estates, the cess 
and other things this year, 485 — proclamation 
for convention, May 28th, 1678, 486 — letter in 
defence of field-meetings, June 1678, 487 — act 
and offer of 1,800,000 pounds by the convention, 
1678, 490 — king's letter with instructions about 
the militia, with his letter about the oath and 
the tenor of it, December 19th, 1678, 493 — coun- 
cil's letter to the king on the popish plot, Nov- 
ember 30th, 1678, 502 — council's letter to Lau- 
derdale, November 30th, 1678, 503. 


Were we to form an estimate of Mr Wodrow's History, by the rules which 
rhetoricians have laid down for historical composition, we should be apt to draw most 
unfavourable conclusions. If that alone is entitled to the name of History which bears 
its reader along with the flow of a regular and well-compacted narrative ; which de- 
scends not to the minutiae of private and domestic life ; and which gives us the sub- 
stance and the results of information acquired, rather than the information itself; 
then, most assuredly, will the work of our venerable author be found to occupy no 
very lofty niche in the gallery of historical portraiture. But it is the part of candour 
to judge of a work, not by a standard of our own, however just and equitable it may 
be, but by a fair and impartial estimate of the object which the author had in his eye 
at the time, and of the fidelity with which that object has been realized. Had the 
" History of the Sufferings of the Church of Scotland" been composed according to 
the rules laid down by the critics, and so admirably exemplified by many ancient and 
many modern names, we might unquestionably have had a better written narrative; 
but the church and the world would have lost much by the exchange. As the case 
actually stands, we have presented to us a most valuable depository of minute and 
well-authenticated facts, bearing with more or less aptitude on the general character of 
the period. We have a most exact and vivid picture of the manners of the age ; 
and sketches of the leading individuals drawn to the life, in their actions and habits. 
We are admitted behind the scenes, and favoured with a view of the ever shifting 
agency by which the machine of public affairs is kept in play. We see passing in 
array before us, not only the great actors on the stage, but their less prominent, 
though not less important minions ; while the great public men themselves are stripped 
of their assumed disguise, and exhibited exactly as they are. The stately march 
of national events is so associated with the incidents of private and familiar life, as 
to produce a result not altogether in harmony with the established rules of historical 
composition, and yet singularly advantageous to the real student of human character. 
It is not the political, nor the literary, nor the constitutional, nor even the merely 
ecclesiastical history of the period that is given ; but while there is a mixture more or 
less of them all, there is what the author had professedly in his eye throughout, the 
internal " history of the sufferings of the church," both in its associated capacity, 
and in the experience of individuals. The rigid historian might have confined him 
self almost exclusively to the first of these, and on this principle an interesting narra- 
tive might have been formed. But it is by the union of both objects that our historian 
has realized his own judiciously selected plan, and now stands forth to our merited regard 
as the only minute, and comprehensive, and faithful annalist of the period. Such 
another historian of the eventful era, from 1638 to 1GG0, is still a desideratum in our 
national literature; and I verily believe, that with all their prejudices, the Scotts 
and the Sharpes, and the Russels, and the Pearsons, of anti-covenanting celebrity, 
would be quite overjoyed to meet with such another. 

That the editor of Kirkton's History, and the editor of archbishop Leighton's works, 
opposite as they are in all matters of a religious and ecclesiastical bearing, should 


unite in terming Wodrow a "disingenuous" historian, may at first view surprise us. 
But let it not be forgotten, that these two authors coincide in all those politico-eccle- 
siastical sentiments, which necessarily induce a cordial dislike of such a work as that 
in question. A thousand times more astonishing would it have been, to find praise 
lavished on such a work by the high-toned adherents of the hierarchy ; or by the 
patrons of arbitrary power, passive obedience, and the jus divinum of kings. Wodrow's 
history is the work of a man who breathed the air of freedom, and who Avished that all 
men should breathe it along with him. He wrote professedly for the purpose of 
supporting the interests of civil and religious liberty; and the tendency of every page 
of his work is, to endear to our hearts the blessings secured to us by the revolution set- 
tlement and the Hanoverian succession. He wrote under the influence of a well- 
grounded attachment to the presbyterian form of church government, not only as the 
most scriptural, but also as the most advantageous to all the best interests of the people. 
That such principles and attachments should show themselves in his work; nay, that 
they should pervade it in every part, and give to it, as a whole, a peculiar tone and 
texture, is not at all surprising. And the only thing to surprise us would be, to find 
that a book so constructed and so characterized, should pass, without censure, the ordeal 
of men, who can have no cordial sympathy with such principles and such attachments. 

As an appropriate set-off against the combined opinion of Messrs Sharpe and Pearson, 
we have it in our power to present the united suffrages of men who differed also in 
sentiment among themselves, and from the author whose work they praise. Mr Laing 
had little in common with Wodrow and his heroes in regard to their marked and 
peculiar sentiments on religion, and he seems to have looked upon both as rather 
over-keen and enthusiastic ; but he bears a clear and oft-repeated testimony to the 
pains-taking fidelity of the historian, while he finds in his printed and in his manu- 
script records, a never-failing mine of accurate and valuable information.* Lord Holland, 
in his biographical notice prefixed to his uncle's posthumous historical work, has 
given us some most striking and satisfactory instances of Mr Fox's extreme, and even 
anxious accuracy, as to facts even the most minute ; and yet this distinguished individual 
has, without any regard whatever to existing controversies, given it as his undis- 
guised opinion, that " no historical facts are better ascertained, than the accounts of 
them which are to be found in Wodrow." Mr Alexander Chalmers, the laborious and 
learned author of the " Biographical Dictionary," says of the same work ; " It is 
written with a fidelity that has seldom been disputed ; and confirmed by a large mass of 
public and private records." Mr Dibdin, in his " Bibliography," gives to this "valuable" 
work, as he terms it, " his strong recommendation." Dr Robert Watt, the inde- 
fatigable compiler of that stupendous work, the " Bibliotheca Britannica," reports, 
of Wodrow's history, that it has been " written with a fidelity seldom equalled." Need 
we appeal to the united sentiments of two such writers as Dr M'Crie and Dr Cook, 
who, though differing materially on many topics, both political and ecclesiastical, do 
combine most cordially in their high estimate of the merits of Wodrow, as a faithful 
and accurate historian ? Or need we, in addition to the recorded testimonies of 
such individuals, appeal to the august tribunal of public opinion, which has justly 
awarded to Wodrow the meed of incredible industry, minute fidelity, and the most 
commendable candour ? 

In order to vindicate successfully the high claims of Wodrow to the best qualities 
of a historian, and to show the groundlessness of the charge which has of late been 
brought against him, we beg the attention of our readers to some important particulars. 
— In the first place ; the statements of our historian were not questioned at the time of 

* Hist, of Scotland, vol. ii. i>. :>'!»«. 


their first publication. We do not deny that a deep sensation was excited by the 
work; and that a spirit of violent hostility was roused; and that there was every wish 
felt and expressed to have its testimony set aside. Nor do we deny that the author was 
rudely assailed with violent pasquinades and threats of personal violence ; while the friendly 
reception which his majesty and the members of the royal family gave to the book, galled 
exceedingly the still sanguine adherents of the old dynasty* But we beg to know, was 
any formal attempt made to rebut or to controvert its statements ? When the advocates 
of presbyterianism had recourse to argument in support of their polity, there was no 
lack of replies on the part of their opponents. In covenanting times we find a Maxwell 
and a Baillie in close combat together ; and immediately after the revolution settlement 
we find the learning and the acuteness of Forrester, and Rule, and Jameson, and Anderson, 
met in battle array by the respectable talents and literature of Bishop Sage, and Dr 
Monro ; f and never was the episcopal and presbyterian controversy managed on both 
sides with greater ability.^ Whence then is it that when the unpretending historian 
comes forth with his two overwhelming folios of facts and documents illustrative of the 
Sufferings of the Church of Scotland under the episcopalian ascendancy, no pen Mas 
drawn to vindicate the good old cause, and no effort was made to prove an alibi for the 
pannel at the bar ? Reasonings for presbyterianism might be opposed by counter rea- 
sonings for episcopacy ; and the records of a distant antiquity might admit of varied 
interpretations. But " facts," as Wodrow says, are " stubborn, ill-natured things" and 
will not easily be set out of the way. 

It is rather a curious circumstance, that while the publication of Wodrow's History 
was beheld by the episcopalian party with silent dismay, the work was most furiously 
attacked from a quarter the most remote from episcopacy. The more keen adherents of 
the ultra-presbyteriau interest, such as Patrick Walker and John Macmain, commenced 
a most furious onset upon the worthy historian. § Why ? Because in their opinion he 
had not done sufficient justice to the characters and the deeds of those worthies who, 
in their zeal for what they held to be pure presbyterianism, had gone perhaps a little 
beyond the bounds of moderation. With the merits of that controversy we have at 
present nothing to do; and the notes which accompany this edition of the history will 
present a fairer opportunity of noticing some of the minuter features of the questions at 
issue. But we beg particular attention to the fact that the only opposition which was 
made to Wodrow, was from a quarter the very antipode of the episcopalian hierarchy. 
He was not charged with saying too much against the dominant system of prelacy ; but 
he was charged with saying too little in favour of the more stanch adherents of suffer- 
ing presbyterianism. And this we hold to be a very fair presumption in favour of the 

* In the MS. volume of Wodrow's correspondence for 1722, 23, (Adv. lib.) there are somfc 
curious specimens of the manner in which the author was met by his opponents, with threats both 
of literary and of personal revenge; none of which appear ever to have been put in execution. 
There is also an interesting series of letters from Dr Fraser, descriptive of the reception which was 
given to the work by his majesty and the members of the royal family, and other august person- 
ages ; a reception sufficiently flattering to have elevated with no common emotion the mind even 
of the humble and self-denied presbyter of Eastwood. 

f Principal of the university of Edinburgh, but deprived at the revolution for his adherence 
to James. 

i I allude not hereof course to those miserable attacks that were made upon the constitution 
and discipline of the church of Scotland, by such wretched drivellers as Hickes, Calder, Caddel, 
Rhind, and others; and the malignant effusions of these men I had thought were long ago con- 
signed to the " tomb of all the Capulets," when lo ! the editor of Kirkton and of Law, like a true 
resurrection-man, has brought them before an insulted public in the shape of numerous references 
to such books as Ravilliae Redivivus, Scotch Presbyterian Eloquence, &c. &c. This last work the 
late lord Woodhouselee in his Life of Lord Kaimes, has characterized as "an infamous libel.'" 

§ Walker was the author of the Lives of Peden, Cargill, &c, lately republished under the 
name of " Biographia Presbyteriana;" and Macmain was the editor of M' Ward's "Earnest Con- 
tendings," &c. where specimens of the controversy maybe seen. 


moderation and candour of our author. — Nor let it be thought that such individuals as 
Walker and Macmain were the only kind of persons who would think it worth their 
while to attack the obscure pastor of Eastwood. His "history" was not obscure ; and 
the man who for years was the regular correspondent and personal friend of bishop 
Mcolson and Dr Lloyd ; and the clergyman whom the Bartlett's Buildings' Society, with 
all the bishops at its head, did not think it discreditable to associate with them as an 
honorary member, was certainly not beneath the notice of the very proudest adherent of 

In the second place ; It is a singular and a most valuable feature in Mr Wodrow as a 
historian, that he has not only given us his own narrative of events, but likewise the 
original documents whence that narrative has been drawn. With the opinions of a 
historian we have, properly speaking, nothing to do ; and every reader is at perfect 
liberty to accord with the sentiments which Wodrow has expressed, or to differ from 
them precisely as he pleases. When we speak of a historian as " ingenuous" and candid, 
we do not mean to say of him that he is in all his judgments of things perfectly exact 
and true ; or that even in his statements of facts he possesses all the infallibility of 
inspiration. Our meaning is to be ascertained by the established usage of language in 
such cases ; and we claim for Wodrow the character of ingenuousness, on this specific 
ground among others, that the statements of the text he has put it in our power to verify 
by an actual production in the notes and in the appendix, of the great and leading' 
documents on which his statements are grounded. It is true, he has not published all 
the original papers from which he obtained information, but most of them have been 
preserved ; and after a frequent and rigid examination of these both by friends and by 
Foes, what mighty discoveries have been made to the discredit of the historian? Perhaps 
it is to be regretted that the venerable author adhered so rigidly to his plan of abridging' 
and condensing the substance of his originals, rather than giving the articles themselves 
entire. * But as most of these documents are still in preservation, frequent opportunities 
have been taken both by Mr Laing and others, to examine the originals, and to compare 
them with the copies or abridgments given of them by Wodrow ; and the result has 
been in every instance highly to the credit of the historian. Within these few weeks we 
have examined with particular care the largest collection of archbishop Sharp's letters 
perhaps in existence, that namely among the Wodrow MSS. in the library of the 
University of Glasgow. We have compared with these the printed copies or abridgments 
as published in the Introduction to Wodrow's History. While in a considerable number 
of instances an exact copy has been taken ; in others, no little talent and judgment have 
been displayed in the business of abridgment and condensation. As a general result of 
the inquiry we would say without hesitation, that while the historian does by no means 
conceal his design of exposing Sharp's treachery, he had it in his power from these 
documents to have held him up to detestation in still blacker colours, had he quoted all 
the expressions of affected devotion — all the solemn protestations of attachment to 
presbytery — all the specimens of mean adulation — and all the bitter vituperations against 

* Wodrow's plan of abridging papers does not necessarily injure either side; and lie applies it 
to both. Whatever were his grounds of preference, it was his deliberate choice. In Redpath's 
letter, 3d August 1717, (MS.) he refers to a IMS. which had been sent him for review. This was 
a copy of the Introduction to the History of the Sufferings; which copy is now in the Advocate's 
library with corrections and hints in Redpath's hand, of which the author has availed himself. 
Among these hints Redpath observes : " I think the letters should have been extracted in the 
first person. It would be more natural, smooth, and intelligible, and carry more authority, 
especially where the extracts are long." Yet, in the i:uv of this opinion, with all his esti- 
mation of Redpath's judgment, and while adopting many of his alterations, he adheres to bin 
own plan. 


his opponents, which these letters contain.* We have also examined the parochial and 
other returns, from which Wodrovv compiled his accounts; and the result has been 
favourable alike to the laborious industry, and the minute fidelity of the author. It is 
true, that a considerable number of documents have been brought to light since the 
history was published; but with the exception of the account of the earl of Argyle's 
expedition, on which the narratives of Mr Bryson and Sir Patrick Hume have thrown 
some new light, the discovery of these documents has not effected any material change 
on the statement of transactions as given by Wodrow ; and even although it had, is an 
author responsible for not availing himself of the use of documents whose very existence 
was unknown to him ? 

In the third place ; The veracity of Wodrow has been farther established by the 
testimony of historians at the time, and other published sources of evidence. Bishop 
Burnet published his History of his Own Times immediately after our author had given 
to the world his History of the Sufferings of the Church of Scotland ; and these two 
works, however different and even opposite were the sentiments of their authors, confirm 
each other in all the material transactions of the period. Varieties of statement there 
no doubt must be ; and we know that the particular leanings of an author will imper- 
ceptibly influence more or less the character of his narrative. But it is extremely 
interesting to mark the harmony in all the leading transactions of the period, between two 
writers who were altogether independent of each other, and who belonged to opposite 
communions. With the bishop's sentiments indeed either regarding matters of govern- 
ment in general, or the character of the covenanters in particular, we have nothing to 
do ; but we appeal to his corroborative testimony as to an unexceptionable witness. 

Among later publications we may notice the " Secret and True History of the Church 
of Scotlaud," by Kirkton ; the " Memorials of Remarkable Things," by Mr Robert Law; 
Sir George Mackenzie's History of the Affairs of Scotland from 1C60 to 1677; Lord 
Fountainhall's Notes on Scottish Affairs from 1680 to 1701 ; and the lately published 
Memoirs of Sir James Turner, written by himself. In the works of various individuals 
differing from one another in sentiment, we are not to expect an exact harmony of state- 
ments or of estimates formed of individual character. But with every allowance for 
such necessary varieties, it is highly creditable to the character of Wodrow as a historian, 
that there is so little in these publications which is at variance with the substantial 
features of his narrative. We believe that some ©f these works were given to the public 
professedly with the view of bringing discredit on Wodrow and the Presbyterians ; and 
the notes with which some of them are accompanied place this beyond question.-)- The 
disappointment must have been exquisite. Presbyterianism is not responsible for all the 
vices and all the follies of those who have ranged themselves under her banner ; and 
her best friends will feel no regret that such publications, even with the filthy accompani- 
ments of some of them, should from time to time be given to the world. Truth can 
never suffer from the most rigid examination ; and Wodrow and the covenanters will, 
when tried in the crucible of a most rigid and not over liberal investigation, "come forth 
like gold." 

There is reason to think that the real objections to Wodrow's History have their 
origin not so much in the history itself as in the subject matter of it. 

1. We fear that many cherish a dislike to presbyterianism and the covenanters, from 

* From the MS. letters in Glasgow college, together with a few more which are preserved in 
the Advocate's library, and in the MS, collections belonging to the church of Scotland, a very 
curious and valuable work, with notes and historical illustrations, might be produced under the 
name perhaps of — Sharpiana. 

f I refer particularly to Kirkton and Law. 


a rooted aversion to that system of theology which is commonly denominated Calvinism. 
We are not sure whether Mr Pearson himself, though he belongs to what is called the 
evangelical party in England, is altogether free of this fatal prejudice : and it is perhaps 
on this account we feel more gratified in thinking that he has been so very successful in 
furnishing a most satisfactory refutation of the very prejudice in question. Archbishop 
Leighton in Scotland, like archbishop Cranmer in England, and archbishop Usher in 
Ireland, was a stanch adherent of Calvinism. In the very opening of his exposition of 
the first epistle of Peter he makes a clear avowal of his theological sentiments, and he is 
too candid an expounder, to leave it at all a matter of doubt whether the doctrine of 
election finds a place in the first chapter of that comprehensive and most valuable epistle. 
The same system of theology indeed pervades all his writings ; and the justly esteemed 
works of Leighton exhibit a pleasing specimen of what Calvinism is when scripturally 
explained and practically applied. 

Now, the system which the archbishop embraced was precisely what he found embodied 
in the articles of the church of Scotland ; and generally, may we not say universally, 
embraced throughout the kingdom ? In proof of this we have only to look into the 
writings of presbyterians during the covenanting period — of Binning — of Dickson — of 
Brown — of Wedderburn — of Hutcheson — of Durham — of Gray — and others likeminded 
with them ; and we find that amid a vast variety of talent, and of style, the same scheme 
of doctrine predominates in them all. Indeed it is a well established fact, although 
strangely overlooked by too many modern readers of church history, that in the period 
of the Stewart persecutions, there was no controversy in Scotland about theological 
opinions. Amid the contest for modes of government, there was a harmony on all 
matters of doctrine. In proof of this, we find that so early as 1G16 the bishops and a 
certain number of the clergy were specially empowered to revise " the Confession of 
Faith presented to the assembly, and after mature deliberation to take order that the 
same may be published." They forthwith proceed to their work, and the result was, a 
revised edition of the Confession of Faith ; and that of the most riyidly Calvinistic 

But perhaps it may be thought that the influence of Laud and the Arminian divines 
of England, gradually introduced a modified system among the adherents of the episcopal 
interest, and that the theology of that class during the period embraced by Wodrow w;is 
very different from the theology of their predecessors in the days of James. We have 
simply to state in reply, that in 1680 when the obnoxious test Mas attempted to be 
forced on the people of Scotland, the oath in which it was embodied ran in the follow- 
ing terms : " I , solemnly swear in the presence of the eternal God, whom I 

invocate as judge and witness of my sincere intention in this my oath; that I own and 
sincerely profess the true protestant religion contained in the Confession of Faith, recorded 
in the first parliament of king James VI., and that I believe the same to be founded on 
and agreeable to the written word of God ; and I promise and swear, that I shall adhere 
thereunto during all the days of my life-time, and shall endeavour to educate my children 
therein, and shall never consent to any change or alteration thereunto ; and that I 
disown and renounce all such principles, doctrines, or practices, whether popish or 
fanatical, which are contrary unto and inconsistent with the said protestant religion 
and Confession of Frith ."f Thus it appears that in 1680 and in the estimation of the 
hierarchy of Scotland, the doctrines of a strictly Calyinistic creed were held to be neither 
" popish" nor " fanatical ;" and they are avowed on oath for tin- very purpose of guarding 

• Calderwood's History, p. 668, 669, where the confession is inserted a1 full length. J i is fur 
lijitlh/ Calvinistic than the old confession by Knox in 1560. 

| St the oath ;it length in Wodrow, vol. II. pp. 193, 104-, fol. 


the more effectually against these supposed extremes ! Indeed the question as to the 
Anti-Calvinism of the church of England is quite of a modern date. In her purer and 
better days the Anglican church gloried in being associated in doctrine with the Helvetic 
and Scottish churches, and our Knox was one of the persons employed in revising her 
articles.* Moreover it is extremely worthy of remark, that while in 1680 the episcopal 
clergy generally went into the test oath, we find so late as 1692 a very large proportion 
of them craving admission into the church under the promise, "that they would subscribe 
the said Confession of Faith and larger and shorter catechisms, confirmed by act of parlia- 
ment as containing the doctrine of the protestant religion professed in this kingdom." 
" Such is a short history of all the confessions of faith that were ever received in Scotland 
since the reformation. All of them were formed upon the Calvinistic scheme, and all of 
them have been assented to by the episcopal clergy.-]-" Let us no longer hear, therefore, 
of the Calvinism of the covenanting age as a butt of ridicule or as a ground of dislike. 

Of the practical effects of Calvinistic doctrine on the people of Scotland in the days 
of its greatest ascendancy we have the following description by an eye witness, and one 
too whose honesty has never been impeached. " At the king's return," says he, " every 
paroche had a minister, every village hade a school, every family almost had a bible ; yea, 
in most of the country all the children of age could read the scriptures, and were 
provided of bibles, either by the parents or by their ministers. Every minister was a 
very full professor of the reformed religion, according to the large confession of faith 
framed at Westminster by the divines of both nations. Every minister was obliged to 
preach thrice a-week ; to lecture and catechise once, besides other private duties in 
which they abounded, according to their proportion of faithfulness and abilities. None 
of them might be scandalous in their conversation or negligent in their office, so long as 
a presbyterie stood ; and among them were many holy in conversation and eminent in 
gifts ; nor did a minister satisfy himself except his ministry had the seal of a divine appro- 
bation, as might witness him to be really sent of God. Indeed in many places, the Spirit 
seemed to be poured out with the word, both by the multitude of the sincere converts, 
and also by the common work of reformation upon many who never came the length of 
a communion ; there Avere no fewer than sixty aged people, men and women, who went 
to school, that even then they might be able to read the scriptures with their own eyes. 
I have lived many years in a paroch where I never heard an oath, and you might have 
ridde many a mile before you had heard any : also you could not for a great part of the 
country have lodged in a family where the Lord was not worshipped by reading, singing, 
and public prayer. Nobody complained of our church government more than our taverners, 
whose ordinary lamentation was, their trade Avas broken, people Avere become so sober." 
(Kirkton's History, pp. 68,69.) When the church of Scotland was restored to her rights 
at the revolution, Ave find a candid English writer thus bearing testimony to her moral 
character. " When we vieAV the soundness and purity of her doctrine, the strictness and 
severity of her discipline, the decency and order of her worship, the gravity and majesty 
of her government ; when we see the modesty, humility, yet steadiness of her assemblies ; 
the learning, diligence, and faithfulness of her ministers ; the awful solemnity of her 
administration ; the obedience, seriousness, and frequency of her people in hearing, and 
universally an air of sobriety and purity on the whole nation ; Ave must own her to be 
at this time the best regulated national church in the world, AA-ithout reflection on any of 
the other nations where the protestant religion is established and professed." J 

II. Leighton Avas a man of a gentle spirit, and he shrunk from the controversy regard - 

* Burnet's Hist, of the Reformation, III. 212. Strype's Cranmer, p. 273. 

•J- Anderson's Defence of I'resbyterianism, pp. 7, 8, 4to. 

\ Defoe's Memoirs of the Church of Scotland, p. 2. 


ing forms of church government. His residence among the Jansenists on the Continent, 
and his familiarity with their devotional writings, fostered in him a kind of mystical 
quietism, not over creditable either to his strength of mind or extent of learning. He 
fell into the notion that real piety might flourish with equal vigour under any form of 
ecclesiastical regime ; and he renounced his earlier principles and attachments, with a 
precipitation which his hest friends feel it no easy task to vindicate. There is reason to 
fear that a principle substantially the same with that of the archbishop, prevents not a 
few from entering with interest into the contests of the persecuting times. They cannot 
think that a struggle for one form of administration rather than another involved the 
essentials of Christianity ; that a question about hoods and tippets is in other words a 
question about Christianity itself ; or that the command to say, " God bless the king" — 
was in other words a command to renounce allegiance to the Lord Jesus Christ. They 
forget that these were rather the symbols of the controversy than the controversy itself; 
that the first question asked, or the first command given, was uniformly the precursor of 
other questions and other commands infinitely more stumbling to the conscience ; that 
our forefathers nobly acted on the great rule of all moral contests obsta principiis ; and 
that the principle involved in all these points of the controversy was one which no con- 
sistent protestant can renounce or violate with impunity. 

Nothing is more fatally erroneous than the notion, that forms of ecclesiastical polity 
are all equally favourable to the culture of personal religion. On this principle the 
reformation would have been crushed in its cradle. What the infinite wisdom of God 
may see meet to accomplish even in opposition to the strongest resistance of a secularized 
hierarchy; and what attainments in true godliness individuals may be honoured to make 
even under the worst form of spiritual domination, it does not become us to define. But 
of this we are assured by the testimony of ages, that the mightiest barriers that have ever 
been opposed to the progress of knowledge and religion, have owed their existence prin- 
cipally to the agency of corrupt institutions. The " mighty episcopacy" of Rome has 
in every age proved itself to be the strongest instrument in extending and perpetuating 
the corruptions of Antichrist ; and just in proportion as the lesser episcopacy of England 
and of Scotland approximated to it in character, has its influence been more or less 
malignant. Who were the grand agents in the persecution of the protestants of France ? 
They were the bishops and the priests of an over-bearing hierarchy. And who were 
the prime movers in the persecution of the covenanters in Scotland ? They were the 
bishops and the priests of a hierarchy substantially the same in spirit, and equally over- 
bearing in its tyrannical control. And what was the reason why the Stuart dynasty dis- 
played such an attachment to the government of prelates ? Beyond all question, it was 
the deeply-rooted conviction — a conviction founded in truth — that episcopacy is far more 
friendly to absolute monarchy than the genius of what Mr Pearson in his alarms would 
designate, a levelling prcsbijterian democracy. And is not this a clear evidence that if 
civil liberty is to flourish in the land, it cannot be under such a system as that which the 
Stuarts enforced by the rack and the screw; a system nevertheless which the amiable 
Leighton in effect supported, and which too many modern writers seem to look upon 
with something approaching to complacence. And will Mr Pearson maintain in the face 
of the nineteenth century, that religion, — spiritual, evangelical, experimental religion, — 
can flourish to any extent on that soil from which the genius of civil liberty has been 
compelled to take her flight ? Deeply indented are the lines which record the fact, that 
civil and religious liberty have ever gone hand in hand. Despotism in the state has ever 
cast a withering blight over religion in the church; and the spirit which run tamely 
succumb to the will of a tyrant, is not the spirit which is most likely to rise in lofty 

It is painful to think of the real injuries which have been done to the best interests of 


mankind, by the weak compliances of some of the most amiable of men. The Melanc- 
thons, the Cranmers, and the Leightons of the reformed church, possessed not the high 
qualifications which fitted for the labours and the trials of a radical reformation ; and had 
not bolder spirits taken the lead in the work, a compromise would in all probability 
have been made of all that is substantially valuable in the reformed cause, on the altar of 
a misguided liberality. 

III. Let it not be thought that considerations of this kind, formed the only reason 
why our covenanting - ancestors contended so zealously for what to such men as Leigh- 
ton and his admirers, may appear to be of inferior importance. Whatever may be the 
ideas now entertained on the subject, our forefathers cherished an attachment to presby- 
tery, which no considerations, merely human, could set aside. They held it to be the 
divinely constituted plan of ecclesiastical polity, and therefore obligatory on every one 
who regarded the scriptures as the oracles of heaven. Even from such an early period as 
the days of the Culdees, this attachment to presbyteriauism had been characteristic of 
Scotsmen. In the economy of these venerable fathers, we find that a humble abbot, 
holding - no higher rank than that of a presbyter, had the precedence even of bishops ; and 
that while the rest of the world were fast sinking under the load of Romish superstition, 
an obscure colony in one of the smallest of our western Isles, maintained, in some good 
degree of purity, the doctrine and the discipline of the New Testament.* When, after a 
long night of ignorance and superstition, the standard of reformation Has erected in 
Scotland, the spirit of the Culdees revived ; and the same zeal for a scriptural system of 
truth and of discipline, displayed its active energies. In the infancy of the reformed 
church, it is true, an order of men superior to presbyters was constituted ; but this arrange- 
ment was expressly declared in the terms of the first book of discipline to be merely a tem- 
porary measure ; and the superintendants held their power at the will and subject to the 
review of the general assembly.f Even this limited form of ministerial superintendance was 
found to be productive of no essential advantages ; and in place of nominating succes- 
sors to the primitive superintendants, the assembly adopted the preferable plan of granting- 
temporary commissions to individual ministers to visit and plant or water the churches. 
From this period indeed down to the era of the revolution, an incessant struggle was 
maintained between the two forms of ecclesiastical polity ; but there can be no question 
among those who know any thing of the history of the times, that the general voice of 
the people of Scotland was in favour of presbytery. Even after the sword of persecution 
had for not less than twenty-eight years been thinning the ranks of its genuine adherents 
the presbyterian interest was found to be all-powerful in Scotland ; and while it was de 
clared in the " claim of rights" that " Scotland was reformed by presbyters," it was 
irrevocably fixed that prelacy shall be laid aside as a national grievance, and that presby- 
terianism " shall be the only recognized government of Christ's kingdom, in these 

* See Jameson on the Culdees. 

+ " We consider that if the ministers whom God hath endowed with his singular graces amongst 
us, should be appointed to several places there to make their continual residence, that then the 
greatest part of the realm should be destitute of all doctrine ; which should not only be the occasion 
of great murmur, but also should be dangerous to the salvation of many : and therefore, we have 
thought it a thing most expedient at this time, that from the whole number of godly and learned men 
now presently in this realm, be selected ten or twelve (for in so many provinces we have divided 
the whole), to whom charge and commandment should be given to plant and erect kirks, to set, 
order and appoint ministers as the former order prescribes to the countries that shall be appointed 
to their care where none are now." First Book of Discipline, chap. VI. Of Superintendants. 

" They," the Scottish reformers, " intended and designed from the beginning, the government ot 
the church by assemblies and presbyteries, although they could not attain that perfection at hist in 
the infancy of reformation, but gave place to necessity, which in such cases is universal, and in this 
they followed the example and practice of the churches planted by the apostles." Reformation of 
Church Government in Scotland cleared from Mistakes ; by the commissioners of Assembly now 
in London, 4to. 1644, p. 11. 


In order to form a just estimate of the value of those interests for which our fathers 
contended, it is of vast importance to keep in view the leading principle in the contest. 
Under the papacy, all power ecclesiastical and civil was derived from the ghostly pretended 
successor of St Peter ; and the votaries of this unhallowed usurpation were held bound, by 
the chains of a most dastardly vassalage, to every iota which the autocrat of Rome was 
pleased to dictate. Under the secularized hierarchy of the Stuarts, again, the power 
thus claimed by the pope, was transferred to the supreme chief magistrate of Great 
Britain, and the right to modify the church and to regulate its concerns, was imperiously 
claimed by the members of his executive government. In opposition to the pretensions 
of both parties, our reforming and covenanting ancestors, with a steadiness and a 
consistency which reflect on them immortal honour, asserted the sovereign majesty of 
the Divine Head of the church as its lawgiver, and the authority delegated by him to the 
representatives of his church, to explain and to promulgate his laws, and to enforce theii 
observance. The kingdom of Christ they held to be a spiritual kingdom ; and although 
they maintained the grand principle of a church establishment as at once expedient and 
scriptural, they most decidedly anathematized the doctrine, that the power implied in 
the exercise of church government was a power created by the state. The opinions 
propagated by one Erastus, a learned Swiss philosopher and physician, in the sixteenth 
century, and since his days currently known by the name Erastianism, they de- 
tested and renounced not less firmly than the opposite, yet parallel system, which 
derived all power from the spiritual head of the Roman Catholic church. They held, 
and justly, that the church is a spiritual society, whose members are associated together 
fur spiritual purposes, and regulated by spiritual laws, derived immediately from him 
whom they revered as their Lord. The leaders or office-bearers of this society they 
held to be intrusted with a delegated power to interpret and to apply these laws, 
subject to the inspection of their own courts, and not at all amenable to civil autho- 
rity. While they asserted these rights, and contended for them, they gave a very 
decided evidence that they had no wish to go beyond them, in the uniform pertinacity 
with which they refused that " court power and, place to kirkmen" which their oppo- 
nents of the hierarchy so ardently prized. 

Is Mr Pearson prepared to contest these principles as either irrational or unscrip- 
tural? or will any consistent believer in the Old and New Testament, as the only 
supreme standard of faith and duty, venture to impugn them ? And yet these are the 
very principles for which our venerable forefathers endured trials of " cruel mockings, 
imprisonments, and death." It was for nobly asserting these principles, and acting on 
them, that Pont, and Balcanqual, and Black, at an earlier period of the Scottish 
reformation, were obliged to fly from their native country; and it was this which 
constituted the crime, and the only crime for which not fewer than six of the best 
clergymen of whom Scotland could boast, were by James VI. condemned to be executed, 
although considerations of expediency prevented the execution of the sentence.* And 
what, we ask, formed the " head and front" of the accusation against Mr James Guthry 
of Stirling? It was his declinature of the king's jurisdiction in things sacred, while lie 
.vas willing and ready at all times to discharge the duties of civil obedience. Among 1 
the first and most prominent acts of the first parliament held in Scotland after the 
restoration of Charles II. we find the " act concerning religion and church government, 
in which his majesty " makes it his care to settle and secure the government of the 
church, in such a frame as shall be most agreeable to the word of God, most suitable to 
monarchical government, and most complying with the public peace and quiet of the 
kingdom." Following up this stretch of the royal prerogative, different acts were 

Culderwood's Hist A. 1). ltiWi. 


oassed asserting " the royal supremacy, in all matters and over all persons, ecclesiastical as 
well as civil ;" and the proceedings of the court in consequence, furnish an affecting 
comment on the principles thus avowed. The tendency of such enactments was to lay 
the church at the feet of an ahsolute monarch ; and had our fathers yielded to such 
usurpations, they would have at once renounced their characters as independent men 
and as consistent Christians, and forfeited their claim to the gratitude of posterity. Sir 
George Mackenzie seems to select it as the highest crime that churchmen could commit ; — 
their presuming " to hold meetings of synodical and general assemhlies without being 
called or sanctioned by the king."* In the present day we deem it no heresy and no 
treason to hold the doctrine that church courts, as deriving their being and their rights 
from the Lord Jesus Christ, have an inherent title to convene for the transaction of their 
appropriate business, whenever they shall see cause. Our church acknowledges no 
earthly head. She holds directly of her Divine Lord; and every deviation from this 
principle is in so far a dereliction of her dearest and most essential interests. 

IV. We are not prepared to maintain that, in no instance did our forefathers deviate 
from their first principles, either on the one hand by falling below them, or on the other, 
by carrying them to an undue length. In troublous times, and when men's minds are 
disturbed by painful apprehensions, and when oppression distracts the spirits even of 
the wisest of men, we are not to be surprised if in some instances things were carried to 
an extreme. It is certain that, throughout the whole period which Wodrow's history 
has embraced, the persecuting party acted systematically on the principle of setting at 
nought the essential privileges and rights of the presbyterian church as a corporate body ; 
and if in the noble struggle for the maintenance of these, a few excesses were com- 
mitted, this is nothing more than might have naturally been expected in the order of 
things. At no time does it appear that the idea of taking up arms in opposition to the 
government of the country was regularly and systematically resolved on by the general 
body of presbyterians ; and it is clear beyond all question, that the rising, first at 
Pentland, and afterwards at Bothwell, was the result of circumstances unpremeditated 
*uid unforeseen. Previously to the affair at Pentland, the country had groaned for six 
years under the grossest tyranny, and her sons had seen their dearest rights, civil and 
ecclesiastical, torn from them and trampled under foot. Prior to the affair of Both- 
well Bridge, nearly twenty years of insult, oppression, and cruelty, had passed over 
unhappy Scotland; and our wonder is, not that such skirmishes as those of Drumclog 
and Bothwell should have been the issue, but that the people did not rise up as one man 
to inflict summary vengeance on their wicked oppressors.f 

That resistance to lawful authority — even when that authority, so called, has in point 
of fact set at nought all law — is in no instance to be vindicated ; will be held by those 
only who are the devotees of arbitrary power and passive obedience. The principles or 
Mr Rutherford's Lex Rex, however obnoxious they may be to such men, are substantially 
the principles on which all government is founded, and without which the civil magis- 
trate would become a curse rather than a blessing to a country. They are the very 
principles which lie at the basis of the British constitution, and by whose tenure the 
house of Brunswick does at this very moment hold possession of the throne of these 
realms.;); All government is established for the good of the people who are under it. 
Between a king and his subjects there is an implied and virtual contract ; and the 

* Vindication of the Government of Charles II, 

■f With an obvious intent to blacken the presbyterian interest in Scotland, Sir G. Mackenzie in 
the appendix to his " Vindication," includes among the generally recognized expressions of the 
sentiments of the presbyterians, the Sanquhar and Q,ueensferry declarations, and the mad ravings 
of the notorious John Gibb ! " This is too bad." 

f See a scarce but able pamphlet entitled, " An Inquiry into the measures of submission to 
supreme authority," published at London in 1688, in defence of the revolution settlement. 


duties of allegiance and submission carry along with them the corresponding duties 
comprehended in government according to law. The king is not the legislator ; he is 
only the executor of law, and is himself amenable to the laws of his country with the 
humblest of his subjects. It is, indeed, a very delicate matter to determine in the abstract 
the precise point at which obedience to a tyrannical government is no longer binding, 
and resistance becomes a duty. Perhaps it is well for all parties that such a question 
should have difficulties thrown around it, and that its solution should be hid amid the 
obscurities of doubt. But surely there is a limit, and blessed be God our country has 
on more than one occasion found it out and nobly acted on it.* The conduct of the 
actors in the scenes at Rutherglen, at Sanquhar, and at Torwood, in disowning the king 
and excommunicating him and his adherents, is, indeed, justly censurable, as rash and 
unwarranted. But we beg to know, wherein did the primary principles avowed 
and acted on these occasions, differ from those principles which, in the course of a 
very few years thereafter, roused the dormant spirit of the country, and chased the 
oppressor from the throne ? " When the Lord," says the author of Lex Rex, " shall be 
pleased to grant that to us which concerns religion, the beauty of his house, the 
propagating of the gospel, the government of the Lord's kingdom, without popery, 
prelacy, unwritten traditions and ceremonies — let his majesty try our loyalty with wltat 
commands he shall be pleased to lay on its, and see if we be found rebellious"-^ " A king," 
said king James in his speech to the parliament, 1609, " a king governing in a settled 
kingdom, ceaseth to be a king, and desceudeth into a tyrant, so soon as he leaveth to rule 
by his lawes, much more when he begineth to invade his subjects, persones, rights, and 
liberties; to set up an arbitrary power, to impose unlawful taxes, raise forces, and make 
warre upon his subjects, whom he should protect and rule in peace; to pillage, plunder, 
waste, and sporte his kingdom ; imprison, murder, and destroy his people in a hostile 
manner, to captivate them to his pleasure." It is well known that our king James, and 
Charles I., and likewise queen Elizabeth, did, with the consent of parliament, assist the 
protestants in Germany, the Netherlands, and France, when struggling against their 
unjn'incipled oppressors in these kingdoms ; and it is also well known, that the conduct 
of the covenanting brethren in Scotland was vindicated at the revolution, when the 
parliament of Scotland "in prosecution of the claim of right" rescinded all the forfeitures 
and tines passed against those who had been in arms at Pentland and Bothwell, and 
pronounced them void and null from the beginning. After mentioning a vast number of 
names, the act proceeds; " likeas, their majesties and their estates, rehabilitate, reintegrate 
and restore so many of the said persons as are living, and the memory of them that are 
deceast, their heirs, successors, and posterity, to their good fame, and worldly honour." \ 
Of even the most violent of the Scottish covenanters, we may say in the language of an 
eloquent writer, " Their standard on the mountains of Scotland indicated to the vigilant 
eye of William that the nation was ripening for a change. They expressed what others 
thought, uttering the indignation and the groans of a spirited and oppressed people. 
They investigated and taught, under the guidance of feeling, the reciprocal obligations of 
kings and subjects, the duty of self-defence and of resisting tyrants, the generous principle 
of assisting the oppressed, or, in their language, helping the Lord against the mighty. 
These subjects, which have been investigated by philosophers in the closet, and adorned 
with eloquence in the senate, were then illustrated by men of feeling in the field. While 
lord Puissel, and Sydney, and other enlightened patriots in England, were plotting 


* " It. was the great principle of the house of commons, that the power of the king, like ev< ry 
other power in the constitution, was limited by the laws, and was legally to be resisted when it 
trespassed beyond them." Talesqfa Grandfather by Sir Walter Scott, vol. i. p. I8J. 

f Rutherford's Letter on the Restoration of Cbarles 11. dated St Andrews, 1660. 

} M'Crie's Vindication of the Covenanters. — Christian Instructor] vol. ,\i\. p. 1!*^. 


against Charles, from a conviction that his right was forfeited, the Cameronians in Scot- 
land, under the same conviction, had the courage to declare war against him. Both the 
plotters and the warriors fell ; hut their blood watered the plant of renown, and suc- 
ceeding ages have eaten the pleasant fruit."* 

In the history of Scotland two things are very remarkahle, as illustrative of the poli- 
tical bearings of the presbyterian system. The one is, that during the period when 
England was rent by endless divisions of political sentiment, the presbyterians of Scot- 
land were, almost to a man, the staunch friends of a monarchical government. The 
other is, that the experience of nearly a century and a half has proved beyond contra- 
diction, not only that presbyterianism, whether established or only tolerated, is perfectly 
consistent with the best interests of the British constitution, but likewise that in times 
of danger and alarm, presbyterians have ever been foremost in manifesting loyalty to 
their king, and patriotic attachment to their country. 

V. But " the covenant !" says Mr Pearson, " that bitter morsel!'''' — not so " bitter" as 
he would persuade us. — While it was relished by men of all ranks and classes in Scotland 
itself, it was not disliked by those whose sentiments Mr P. and his adherents must treat 
at least with respect. The "national covenant" was first subscribed by the king's ma- 
jesty and his household in the year 1580, and thereafter by persons of all ranks in the 
year- 1581, by ordinance of the lords of secret council, and acts of the general assembly. 
In 1590 it was subscribed again by all sorts of persons; and along with it a general 
baud for maintenance of the true Christian religion, and the preservation of the king's 
person. In 1638, 1G39, it was repeatedly subscribed by " lords and gentlemen, burgesses, 
ministers, and commons ," and if it shall be contended that this was not a " lawful 
deed," we beg to notice that it was very soon ratified by solemn act of parliament, first 
in 1638, then in 1640, and thereafter by king Charles I. himself in 1641/f- His son 
Charles II., subscribed the national covenant, and at the same time the solemn league 
and covenant at Spey, in June 1650, and at Scone on the day of his coronation in 1651. 
The solemn league and covenant was likewise ratified by parliament in 16-14 and 1649. 
Thus, these several deeds acquired all the authority of public documents, and may be 
regarded as the expression of national sentiment. The object of the national covenant, 
and of the solemn league and covenant, was substantially one, namely, as king Charles 
I. in his 'Ktx.uu Bottri^ixn terms it with great propriety, " to establish religion in purity 
and the kingdom in peace." " Although," says Dr M'Crie, " covenants have often been 
condemned as unwarranted in a religious point of view, and dangerous in a political, yet 
are they completely defensible upon the principles both of reason and of revelation ; and 
by cementing union, by producing mutual confidence, and strengthening the motives to 
fidelity and diligence, among those who are embarked in the same cause, they have fre- 
quently proved of the greatest utility for promoting reformation in churches and nations, 
for maintaining open profession of religion after it had been attained, and for securing" 
the religious and political privileges of men. The misapplication of them, when they are 
employed in a bad cause, and for mischievous ends, can be no argument against them 
when they are used in a legitimate way, and for laudable purposes. A mutual agreement, 
compact, or covenant, is virtually implied in the constitution of every society, civil or 
religious ; and the dictates of natural light conspire with the declarations of scripture in 
ascertaining the warrantableness and propriety of entering into explicit engagements, about 
any lawful and important matter, and of ratifying these even in the most solemn manner, if 

* Charters' Sermons, pp. 275, 277. edit. 181R. 

4- On this solemn occasion Charles declared himself to be li a contented king with a contented 



circumstances shall require it, by formal subscription, and by an appeal to the Searcher 
of hearts."* 

It may not be uninteresting - to the reader to see the deliberate sentiments of majesty 
itself on this subject, as recorded in the accredited archives of the kingdom. The " charge" 
delivered by James VI. and " subscribed with our hand at Halyroodhouse, 1580, the 2nd 
day of March, the 14th year of our reign," runs in the following strain : " seeing that we 
aud our household have subscribed, and given this public profession of our faith to the 
good example of our subjects, we command and charge all our commissioners and minis- 
ters to crave the same confessions of their parishioners, and proceed against the refusers 
according to our laws and order of the kirk, delivering their names and lawful process to 
the ministers of our house with all haste and diligence, under the pain of forty pounds, 
to be taken from their stipend, that we, with the advice of our council, may take order, 
with sik proud contemners of God and our laws." From this document it appears that 
the covenants were viewed not merely as ecclesiastical deeds, but also and principally as 
instruments of civil obedience to lawful authority. On this principle subscription was 
enforced by the laws of the state, as well as by the ordinances of the church ; and what 
is very remarkable, the ministers were to act in the capacity of civil prosecutors, and, 
under a severe penalty, to enforce the instrument. The declaration of Charles I. to his 
parliament, 1643, was certainly not expressed in very strong terms, but they are .suffi- 
ciently strong to intimate the sense then entertained of the meaning and intent of the 
" Solemn League and Covenant." " As things now stand," says his majesty, " good 
men shall least offend God or me, by keeping their covenants in honest and lawful ways, 
since I have the charity to think that the chief end of the covenant in such men's inten - 
tions was, to preserve us in purity and the kingdom in peace.'" The " declaration by 
king Charles II. at Dunfermline, August 16th, 1650," is expressed in language more 
strong, and as it is a document singular in itself, and still more so by the affecting con- 
trast in which it stands to the conduct which it so solemnly pledged, I shall quote a 
portion of it for the edification of the reader. " His majesty taking in consideration, 
that merciful dispensation of divine providence, by which he hath been recovered out of 
the snare of evil counsel ; and having attained so full persuasion and confidence of the 
loyalty of his people in Scotland, with whom he hath too long stood at a distance; and 
of the righteousness of their cause, as to join in one covenant with them, and to cast 
himself and his interests wholly upon God ; and in all matters civil, to follow the advice 
of his parliament, and such as shall be entrusted by them; and in all matters ecclesiastic, 
the advice of the general assembly, and their commissioners ; and being sensible of his 
duty to God, and desirous to approve himself to the consciences of all his good subjects, 
and to stop the mouths of his and their enemies and traducers, doth in reference to his 
former deportment, and as to his resolutions for the future, declare as follows : 

" Though his majesty as a dutiful son be obliged to honour the memory of his 
royal father, and have in estimation the person of his mother ; yet doth lie 
desire to be deeply humbled and afflicted in spirit before God, because of his 
lather's hearkening to, and following evil counsels, and his opposition to the 
work of reformation, and to the Solemn League and Covenant, by which so mud 
of the blood of the Lord's people hath been shed in these kingdoms ; and for the idolatry 
of bis mother, the toleration whereof in the king's house, as it was matter of great 
stumbling to all the protestant churches; so could it not but be an high provocation 
against him, who is a jealous God, visiting the sins of the fathers upon the children: 
and albeit, his majesty might extenuate his former carriages and actions, in following- of 
the advice, and walking in the way of those who are opposite to the covenant, and to 

Life of Knox, vol. >". pj>. 181, 182. 


the work of God, and might excuse his delaying to give satisfaction to the just and 
necessary desires of the kirk and kingdom of Scotland, from his education, and age, and 
evil counsel, and company, and from the strange and insolent proceedings of sectaries 
against his royal father, and in reference to religion, and the ancient government of the 
kingdom of England, to which he hath the undoubted right of succession ; yet knowing 
that he hath to do with God, he doth ingenuously acknowledge all his own sins, and all 
the sins of his father's house, craving pardon, and hoping for mercy and reconciliation, 
through the blood of Jesus Christ. And as he doth value the constant addresses that 
were made by his people to the throne of grace on his behalf, when he stood in opposi- 
tion to the work of God, as a singular testimony of long-suffering patience and mercy 
upon the Lord's part, and loyalty upon theirs ; so doth he hope, and shall take it as one 
of the greatest tokens of their love and affection to him and to his government, that they 
will continue in prayer and supplication to God for him ; that the Lord who spared and 
preserved him to this day, notwithstanding of all his own guiltiness, may be at peace 
with him, and give him to fear the Lord his God, and to serve him with a perfect heart, 
and with a willing mind all the days of his life."* 

Such covenant transactions as those under which our reforming ancestors acted, were 
not at all uncommon in former or in later times. The Wahlenses in defending themselves 
against the oppressions of their enemies, bound themselves by solemn oath to one another, 
and to the cause in which they were embarked.f In the year 1530, the smaller confe- 
derate princes of Germany formed the famous League of Smalcald, for mutual defence 
against the emperor, and for maintaining vigorously their religion and liberties against 
the dangers and encroachments with which they were menaced by the edict of Augsburg. J 
In 1572, the prince of Orange and his adherents in the Netherlands, entered into a 
solemn covenant to defend their " religion, their lives, and their liberties," against the 
tyranny of the duke of Alva and the Spanish inquisition.^ In 1608, the protestants of 
Hungary took up arms in their own defenco, and sent a protestation to the estates of 
Hungary, requiring assistance, conform to the offensive and defensive league that had 
been previously formed.|j In 1641, a solemn protestation was taken by the members of 
the house of commons, and aftenvards by all sorts of persons in England, " that they 
will defend religion and civil rights, &c."H and this was done at a time when the king 
and parliament were at open variance.** In 1688, and immediately before the landing of 
the prince of Orange, two solemn covenants were entered into and extensively sub- 
scribed ; one at Exeter, and another in the northern counties of England ; to the effect 
that the subscribers shall support the claims of the prince against the then existing 
tyranny of James.f f I shall close these notices in the words of Charles I., in the famous 
" acts of oblivion and pacification," and this royal testimony will go far to free our 
covenanting ancestors from the charge of disloyalty or high treason. " The Scots in 
taking up arms against the king and his counsellors, in defence of their religion, laws, 
and privileges, is no treason or rebellion, and they are his true and loyal subjects, because 
they had no evil nor disloyal intentions at all against his majesty's person, crown, and 
dignity, but only a care of their own preservation, and the redress of their enormities, 
pressures, and grievances in church and state, which threatened desolation to both." J \ 

* Collection of Sermons by Henderson and others at renewing the covenants, vol. I. pp. 534-53(>. 
f Moiland's History of Piedmont, pp. 252, 253. and Fox's Acts and Monuments, vol. ii. pp. 
208, 209. 

i Mosheim, vol. iv. pp. 98, 99. 

§ General History of the Netherlands, lib. 9. p. 369. 

)] Grimston's Imperial History, p. 730, &c. 

<J See copy of it in Free Thoughts on Popery, p. 441. appendix. 

** Clarendon's History, vol. 1. p. 251. Neal's History of the Puritans, vol. ii. p. 381. 

ff Wodrow, vol. ii. p. 60. of this edition. 

ji Apologetical Relation, p. 149. 


" It has been objected," says the very intelligent editor of " the Life of Alexander 
Reid," " that the enforcing 1 of religious duties by civil pains and penalties, and in too 
many instances the blending together of the affairs of church and state, are inconsistent 
with the spiritual nature of Christ's kingdom. But it should be remembered, that the 
sacred rights of conscience were not at that time so fully understood, nor so clearly 
ascertained as they have been since. Charity requires us to allow that our fathers acted 
conscientiously, and according to the best of their knowledge, in what they accounted 
their duty ; and there can be no doubt that to their exertions under God we are indebted 
for the privileges civil and religious which we now enjoy."* We are mistaken if we 
suppose that the covenants were ever designed as deeds exclusively ecclesiastical. No 
doubt the church frequently interposed her authority to enforce these documents ; but 
still the documents themselves are not to be viewed in the light of terms of communion. 
They are rather to be considered as tests of patriotic attachment to the constitution in 
church and state ; and it is by adverting to this their mixed character that we are enabled, 
in some measure, to see the reason why their reception was so rigorously enforced. 
Our fathers had not yet learned the perfect consistency betwixt an ecclesiastical establish- 
ment closely interwoven with the civil constitution, and a most free and liberal toleration 
of all classes of dissenters ; and this is the reason why hostility to the church was uni- 
formly identified with treason to the state, and arms accordingly taken up in defence of 
both. The world had not yet learned the true principles of religious liberty. The set- 
tlers of New England, although just escaped from the fire and faggot of persecution at 
home, and in general professing the free principles of independency, did not refrain from 
persecuting one another ; and it is a very striking fact, that the only country where the 
true principles of freedom seemed to flourish in vigour, was one in which presbyterian- 
isra in her strongest character had taken up her abode ; we mean the states of Holland. 
There, our persecuted countrymen found a secure asylum. There, the varieties of senti- 
ment among the refugees proved no bar in the way of a most liberal protection and 
encouragement by the civil rulers : and there is reason to believe that from that country 
were afterwards imported into Great Britain those principles of toleration which ever 
since the era of the revolution have blessed and fructified our beloved laud, f 

While we readily acknowledge that the covenanters did not possess the most liberal 
and enlightened views of religious liberty and freedom of conscience, we maintain a very 
different opinion in regard to their ideas on civil liberty and the rights of free men. On 
this subject they cherished the most just and enlarged conceptions; and while a few 
solitary individuals in England asserted and suffered for the same principles, the cove- 
nanters of Scotland were the only associated body then known in Great Britain, or even 
in Europe, who nobly stood forward as one man to vindicate and to seal them. In proof 
of this we appeal to those very covenants which have been so absurdly decried by 
ignorant or pre j udiced moderns, but which in reality constituted at the time the only 
magna charta of Scottish freedom. In these documents, the subscribers, while " they 
promise and swear to stand to the defence of our dread sovereign, the king's majesty, 
his person and authority," declare at the same time that they shall stand up " in defence 
of the liberties and laws of the liiwjdom" — that they complain of those evils " which 
sensibly tend to the subversion and ruin of our liberties, hues, and (states" — that " they 
had before their eyes, next to the glory of God," " the true public liberty, safety, and 
peace of the kingdoms" — that they would seek to " preserve the rights and privileges of 

* Appendix to the Life of Alexander Reid by his great grandson, P- 77. 

f For an able illustration of the statements regarding toleration, we beg to refer our readers to 
an admirable Review of Orme's Life of Owen in the Edinburgh Christian Instructor for the year 
1821. On the subject of the covenant some additional remarks will be found in a note to the fol- 
lowing History, vol. I. p. 2G9— 271. 


the parliaments and the liberties of the kingdoms;" and one reason assigned for their 
procedure is, that " some among- themselves had laboured to put into the hands of the 
king an arbitrary and unlimited power, destructive to the privileges of the parliaments 
and the liberties of the subject." * We appeal to the incontestable fact that in the period 
in question there were only two parties struggling for the ascendancy ; and therefore, if 
the interests of civil liberty were not to be found on the one side, they certainly could 
not be found on the other. We appeal to another fact equally striking ; that while the 
covenanters were divided among themselves in regard to certain questions of an eccle- 
siastico-political character, they were united hand and heart in their views of civil inter- 
ests and in the measures necessary to secure them. We appeal further to the writings 
of those men, the Lex Rex by Rutherford, the Apologetical Relation by Brown of 
Wamphray, Naphtali by Mr Stirling of Paisley, and Sir James Stewart of Goodtrees, and 
indeed to the whole strain of their writings ; and we ask, are not the principles contained 
in these works precisely the principles which lie at the foundation of the British consti- 
tution, and which secure at once the honour of the sovereign in subordination to law, 
and the rights of the people in close connexion with the honours of the throne ? More- 
over, it is of vast moment to observe that the leading principle for which, as we have 
noticed in a previous part of this essay, the presbyterians contended, involves in it the 
safety of civil rights as well as of ecclesiastical. Had the erastian principle been given 
into, that the king has the exclusive right of dictating in matters which concern the 
government of the church, how easy would have been the transition to a similar claim 
in regard to civil matters, supported as that claim would naturally be by the whole bench 
of bishops and a large proportion of other " creatures of his majesty ?" Well did the 
presbyterians see, and well do we now see, that had not such a struggle been made against 
the encroachments of royalty, or rather of tyranny, under that name, the most essential 
of all rights would have been prostrated at the feet of an absolute monarch. 

On the principles now stated, it is no difficult matter to give a rational explanation of 
some things in the history of those times, which at first view appeal 1 somewhat singular 
and strange. In the first place, we have a very sufficient reason for the uncommon 
keenness with which the Stewart dynasty maintained episcopacy in opposition to presby- 
tery. Abstractly speaking, forms of church government were to .them matters of abso- 
lute indifference ; but episcopacy they knew well to be a far more convenient instrument 
for accomplishing the object nearest to their hearts, the subjugation of the people. The 
bold republicanism of presbytery stood as an iron barrier in their road ; and could 
the Guthries, and the Browns, and the Camerons been put to silence, the flexible spirit of 
the bishops would have gone sweetly along with the schemes of despotism. — In the second 
place ; we find no difficulty in assigning a reason why in those times England presented 
so very different a picture from Scotland, in regard to the struggles for liberty. In 
England an unfortunate separation had been made between the civil and the religious 
rights of the people ; and the prevalence of independent principles tended at once to 
detach the ministers from all concern in the civil questions at issue, and to destroy that 
union which is so essential to prompt and efficient exertion. In addition to this, we 
must not forget the well-known fact, that most of the leading dissenting clergy in Eng- 
land were gained over to the side of the court by liberal pensions from the royal purse ; 
and it is painful to record that Richard Baxter was the only individual amongst all the 
recipients who refused acceptance of a boon so degrading.-)- In the third place; on the 

• Covenants of 1639, 1643, and 1618. 

f Burnet's History of his Own Times, vol. I. p. 172. " There was an order to pay a yearly 
pension of £50 to most of them, and of £100 to the chief of the party. Baxter sent back his pen- 
sion and would not touch it. But most of them took it." How different was the conduct of the 
Scottish presbyterians when an offer of £20 a-year out of their benefices was made to them ! While 
some accepted an indulgence tojrrecxh, not one of them till would accept this regium donum. 


principles above noticed, we find a rational explanation of the reason why the taking of 
the covenant was made a matter of compulsory obligation. It was held to be the only 
safeguard of civil rights, and subscription to it was the only valid test of loyalty and 
civil obedience. As a matter of ecclesiastical regulation, or as a part of the discipline of 
the church, we know too much of the parliaments of both kingdoms in those days, to 
suppose that its enforcement would have given them a moment's concern ; but involving 
in gremio the substantial rights and liberties of the nation, no wonder that they rallied 
round it as the only palladium of national interests. 

VI. After all — asks Mr Pearson and those likeminded with him — why -did our cove- 
nanting ancestors refuse so pertinaciously to accept the boon that was so repeatedly 
offered them, first in the shape of an indulgence ; and afterwards in the shape of a liberal 
accommodation ? With regard to the indulgence, we reply, that a considerable number of 
very respectable and pious presbyterians did accejjt of it, clogged as it was with most galling 
conditions. Those who declined its acceptance acted, we apprehend, on the most consistent 
and independent principles. The very acceptance of such a boon, implied, in some sense, a 
recognition of the reigning order of things in the church. The indulgence came in the 
shape of a commission to hold a spiritual charge granted by a civil power ; and the 
reception of such a thing as this, was, in sc far, a practical renunciation of the grand 
principles of presbyterianism. Besides, the indulgences were generally clogged with 
many objectionable clauses. Ministers, though tolerated in certain parishes, were prohi- 
bited from exercising many of their essential functions, such as lecturing, catechising, 
exercising discipline, and sitting with their ruling elders in church courts. Moreover 
there can hardly be a doubt, that although Leighton and Burnet were actuated with 
moderate views in obtaining the first indulgence for the presbyterians, it soon appeared 
to Lauderdale and other secular politicians, that the granting of such boons Mas one of 
the most likely means to injure the covenanting interest, as it divided the friends of 
presbyterianism. It was on this account that those enemies of the presbyterian church, 
who, in the first instance, violently opposed the indulgences, at length came not only To 
allow, but to press them with eagerness. They formed a bone of contention among the 
adherents of the covenanting interest ; and never ivas a persecuting dynasty more- 
successful in prosecuting their measures than the dominant party in Scotland Mere, by 
means of these deceitful indulgences.* Even archbishop Sharpe, immediately after the 
attempt on his life, by James Mitchell, having been called up to London to receive some 
mark of the royal favour, professed to approve, " in general terms," as Burnet says, " of the 
methods of gentleness and moderation then in vogue." When he came back to Scotland, 
he moved, in council, that an indulgence might be granted to " some of the more resolute 
men, with certain restraints, such as that they should not speak nor preach against 
episcopacy, and that they should not admit to either of the sacraments any belonging to 
the neighbouring parishes without the concurrence of the ministers of these parishes," &c. 
all with an evident intention to render any liberty that might be conceded unavailing to 
the presbyterians, and all in the issue adopted to the fullest extent. So far as we have 
been able to discover, however, this motion of Sharpe in the council was productive of 
nothing farther on the subject at the time, than preparing the council for prclimiting any 
indulgence that might be granted. Burnet uneipii vocally claims the merit ( \\ <• may, 
perhaps, rather say the demerit) of having brought about that measure, so hurtful to the 
presbyterian interest. " I," says he, " having got the best information I could of tin- 
state of the country, wrote a long account of all I had heard, to the lord Tweeddale, and 
concluded it with an advice to put some of the more moderate of the presbyterians into tin- 
vacant churches. Sir Robert Murray told me the letter was so well liked that it was 

• Those who wish to examine this subject more Fully, may read, with advantage, Brown'a 
History o( the Indulgence, with the Answer to it; and the Apologetical Relation. 


read to the king. Such a letter would have signified nothing if lord Tweeddale had not 
been fixed in the same notion. He had now a plausible thing- to support it. So my 
principles and zeal for the church, and I know not what besides, were raised to make 
my advice signify somewhat. And it was said I was the man that went most entirely 
into Leighton' s maxims. So, this indiscreet letter of mine, sent, without communicating 
it to Leighton, gave the deciding stroke. And it may easily be believed it drew much 
hatred on me from all that either knew it or did suspect it." The cunning scheme of 
Burnet did not at first meet the views of the more violent persecutors ; but there can be 
no doubt that the scheme, as proposed by Leighton and Burnet, was, from the very 
outset, designed to promote the ends of episcopacy, by moderate means. The letter 
which was written to Lord Tweeddale on this occasion, was probably the letter which is 
alluded to by Wodrow in his first notice of the affair, and the writer of that letter thus 
goes on to state the result of it. " The king wrote a letter to the privy council, ordering 
them to indulge such of the presbyterians as Mere peaceable and loyal, so far as to 
sutler them to serve in vacant churches, though they did not submit to the present 
establishment ; and he required them to set them such rules as might preserve order and 
peace, and to look well to the execution of them ; and for such as could not be provided in 
churches at that time, he ordered a pension of .£20 sterling, a-year, to be paid every one 
of them as long as they lived orderly. Nothing followed on the second article of this 
letter. The presbyterians looked on this as the king's hire to be silent and not to do 
th-eir duty, and none of them would accept of it."* On occasion of the second indulgence, 
Burnet's advice was, that " all the outed ministers should be employed, and kept from 
going round the uninfected parts of the kingdom;" and " that they should be confined to 
their parishes, not to stir out of them without leave from the bishop of the diocese or 
privy councillor ; and that upon transgressing the rules that should be set them, a 
proportion of the benefice should be forfeited and applied to some pious use. Lord 
Lauderdale heard me," says he, " to an end, and then without arguing one word upon 
any one branch of this scheme, he desired me to put it in writing, which I did ; and the 
next year when he came down again to Scotland, he made me write out my paper, and 
turned it into the style of instruction."-]- After this simple and candid statement of the 
origin and design of the indulgence, we apprehend it would be superfluous to say a word 
more about its nature. That the terms on which it was granted were utterly subversive 
of presbyterian principles, we presume will be disputed by no man who thoroughly 
understands them. Whatever he may think of the truth of these principles, he must 
allow that the scheme of indulgence was really a snake in the grass ; and his only wonder 
must be, that any sound-headed and sound-hearted presbyterian was ever gulled into the 
acceptance of it. Even Burnet himself speaks of it as " probable that Lauderdale had 
secret directions to spoil the matter, and that he intended to deceive them all."1f. 

In the present day there is not, we believe, a Christian of any denomination who does 
not lament the differences which arose among the presbyterians, or who does not think 
that all diversities of opinion ought to have been merged in one common zeal for the 
cause in which all were so deeply interested. In tracing the history of those differences, 
however, we must look to a period long prior to the era of the first indulgence. The 
grand source of them is to be found in the famous question between the resolutioners 
and the protesters, which, for ten years previous to the restoration, had divided the 
church, and the miserable result of which was strikingly exemplified in the want of 
united and hearty co-operation, at a time when Charles and his Scottish parliament were 
razing the very foundations of presbyterianism. Beyond all question, these differences of 

Burnet's History ofhis Own Times, vol. i. pp. 512, 513. 
f Burnet, vol. ii. pp. 3, 4-. 
i Burnet, vol. i. p. 62(5. 


sentiment ought to have heen entirely forgotten at a period when all were called to unite 
in opposition to a common enemy. The feeble and disjointed measures of the resolu- 
tioners pi'esented a melancholy contrast with the firm unanimity of the earlier reformers 
of Scotland ; while the boldness of the protesters failed of its laudable object, by reason 
of the jealousies between them and their brethren on the other side; and thus both 
became an easy prey to the common foe. Still there is reason to think that both parties, 
when called to suffer together in the lire of a common persecution, Avould soon have been 
melted into a close and indissoluble union, had not other causes of disunion been originated. 
Among these, the indulgence is by far the most prominent, and the enemy, in applying 
it as an instrument of division among the presbyterians of Scotland, was, alas ! but too 
successful. In looking at the indulgence itself, we have cause to lament that the bait 
which it held out was so readily laid hold of by the friends of the good cause ; but in 
looking at the question which it involved, we have reason to blame the violence and 
obstinacy of those who would not make common cause with the indulged against a party 
who were bent on the destruction of both. To this unreasonable pertinacity we have to 
ascribe not only the fatal issue at Bothwell, but likewise most of the evils which, from 
that period, befel the interests of presby terianism in Scotland. On this subject I have pecu- 
liar pleasure in quoting the judicious remarks of an author to whom the literature and 
the religion of Scotland are under obligations of no ordinary kind. Speaking of the 
quarrels among the presbyterians, previous to the battle at Bothwell Bridge, Dr M'Crie 
thus expresses himself: — " This dissention was a main cause of the failure of the present 
attempt to redress national grievances. Hamilton and his party acted on the principle, 
that it was unlawful to associate, for vindicating their civil and religious rights, with any 
but those with whom they could join in church-communion ; or, which amounts to the 
same thing, that it behoved them to introduce into the state of their quarrel, as appearing 
in arms, a condemnation of every thing in relation to the public interests of religion 
which was sinful or unscriptural ; a principle which, while it involved them in that very 
confounding of civil and ecclesiastical matters against which they inveighed so loudly 
under the name of Erastianism, tended to rivet the chains of servitude on themselves and 
the nation. Into this error they appear to have been betrayed partly by mistaken 
notions of the controversy which had formerly arisen respecting the Public Besolutions. 
What the more honest party at that period opposed was, the admitting to plates of power 
and trust of such as had shown by their previous conduct that they were enemies to the 
reformation introduced into church and state, and would use the power intrusted to them 
to overturn it. This could not be said of those who had accepted of or acquiesced in 
the Indulgence, and still less of those whom Hamilton's friends wrangled with so fiercely, 
who protested solemnly that they disapproved of the Indulgence, and whose former 
conduct vouched for the sincerity of their protestations. Another remark is suggested 
by the facts here referred to. If ministers of the gospel would preserve their usefulness 
and respectability, they must guard their independence on the side of the people as well as 
of civil rulers. Provided they become " the servants of men," it matters not much whether 
their masters wear a crown or a bonnet ; and if, instead of going before the people to 
point out to them the path of duty, and checking them when they are ready to run into 
extremes, they wait to receive directions from them, and suffer themselves to lie borne 
along by the popular stream, the consequences cannot fail to be fatal to both. Firm and 
tenacious of his purpose, the servant of the Lord, while gentle to all, ought to hold on 
the even tenor of his way, unmoved equally by the frown of the tyrant, the cry of the 
multitude, and the dictates of forward individuals, good and well-meaning men it may be, 
but who " cannot see afar off," and just need the more to be led that they think them- 
selves capable of being leaders. An opposite conduct on the part of two or three 
ministers tended to foster those extravagant opinions and practices adopted by some 
presbyterians at this period, which discredited the cause for which they appeared, and 


which their best friends, though they may excuse, will not be able to defend, and should 
not seek to vindicate."* 

The scheme of accommodation was very near akin to that of the indulgence. As it 
originated with Leigh ton and Burnet, and as the latter of these writers may be justly 
held as the most likely person to give an impartial account of it, we shall quote largely 
from his history of the whole transaction. We strongly suspect that, after perusing what 
follows, some readers will be ready to think that the archbishop and his friend Burnet, 
while they drank at the comparatively pure streams of Jansenist theology on the Conti 
tinent, had quaffed also a little of the nectar of Jesuitism. 

" The king (in England) was now upon measures of moderation and comprehension 
So these were also pursued in Scotland. Leighton was the only person among the 
bishops who declared for these methods ; and he made no step without talking it over to 
me. A great many churches were already vacant. The people fell off entirely from all 
the episcopal clergy in the western counties ; and a set of hot fiery young teachers went 
about among them, inflaming them more and more. So it was necessary to find a 
remedy for this. Leighton proposed that a treaty should be set on foot, in order to the 
accommodating our differences, and for changing the laws that had carried the episcopal 
authority much higher than any of the bishops themselves put in practice. He saw both 
church and state were rent — religion was like to be lost — popery or rather barbarity was 
like to come in upon us, and, therefore, he proposed such a scheme, as he thought might 
have taken in the soberest men of presbyterian principles ; reckoning that, if the schism 
could be once healed, and order be once restored, it might be easy to bring things into 
such management that the concessions then to be offered should do no great hurt at 
present, and should die with that generation. He observed the extraordinary conces- 
sions made by the African church to the Donatists, who were every whit as wild and 
extravagant as our people were ; therefore he went, indeed, very far in extenuating the 
episcopal authority ; but he thought it would be easy afterwards to recover what seemed 
necessary to be yielded at present. 

"He proposed that the church should be governed by the bishops, and their clergy 
mixing together in the church judicatories ; in which the bishop should act only as a pre- 
sident, and be determined by the majority of his presbyters, both in matters of jurisdiction 
and ordination ; and that the presbyterians should be allowed, when they sat down first 
in these judicatories, to declare, that their sitting under a bishop, was submitted to by 
Uiem only for peace sake, with a reservation of their opinion with relation to any such 
presidency ; and that no negative vote should be claimed by the bishop — that bishops 
should go to the churches, in which such as were to be ordained were to serve, and hear 
and discuss any exceptions that were made to them, and ordain them with the concur- 
rence of the presbytery — that such as were to be ordained should have leave to declare 
their opinion, if they thought the bishop was only the head of the presbyters. And he 
also proposed that there should be provincial synods, to sit in course every third year, or 
oftener, if the king should summon them, in which complaints of the hishops should be 
received, and they should be censured accordingly. The laws that settled episcopacy, 
and the authority of a national synod, were to be altered according to this scheme. To 
justify, or rather to excuse these concessions, which left little more than the name of a 
bishop, he said, as for their protestation, it would be little minded, and soon forgotten ; 
the world would see the union that would be again settled among us, and the protestation 
would lie dead in the books and die with those that made it. As for the negative vote, 
bishops generally managed matters so that they had no occasion for it — but if it should 
be found necessary, it might be lodged in the king's name with some secular person, who 

* M'Crie's Life of Veitch and Bryson, p 452 — 454. 



bishops, and by the mass of the episcopalian clergy. Under these circumstances, th;> 
jealousy of the covenanters admits of some palliation. They might apprehend that 
however sincere Leighton himself was, they still had no guarantee for those stipulations 
being fulfilled, the execution of which depended on others more than on himself. They 
might fear that episcopacy, like the Vishna of Hindostan, if, by creeping in under a pig- 
my form, it should wheedle them out of just room enough to stand upon, would straight- 
way dilate into a giant bulk, touch the heavens with its head, and bestride 'the narrow 
world ;' and tread to the dust that venerable structure within the pale of which it had 
been rashly admitted." * 

Of this " venerable structure," king James himself did once entertain a very fair 
opinion, when, in the general assembly at Edinburgh, August 1590, with uplifted hands, 
and uncovered, he thus gave vent to his feelings : — " I praise God I was born in such a 
time as in the time of the light of the gospel ; to such a place as to be king of such a 
kirk, the sincerest kirk of the world. The kirk of Geneva keep pasche and yule. What 
have they for them ? They have no institution. As for our neighbour kirk of England, 
their service is an ill said masse in English ; they want nothing of the masse but the 
liftings. I charge you, my good people, ministers, doctors, elders, nobles, gentlemen, 
and barons, to stand to your purity, and to exhort the people to do the same. And I, 
forsooth, so long as I breuk my life and crown, shall maintain the same against all 

Paisley, December 18, 1S28. 

* Pearson's Life of Leighton, p. c. 


No. I. 

Testimonies from Sir Walter Scott. 

Since writing the above I have perused the second series of the " Tales of a Grandfather," 
by Sir Walter Scott. It was not to be expected that the covenanters of the persecuting 
age should be very particular favourites -with, the distinguished baronet; nor need we 
wonder that he should have lavished on such men as the marquis of Montrose and the 
viscount Dundee an admiration and a praise which the voice of impartial history will 
not warrant. Still it is agreeable to find that Sir Walter does not venture to question 
the fact that there actually was a persecution ; while he crowns with the laurels of a 
well-merited fame the deeds and the sufferings of the Guthries, and the Mackails, and 
the Browns, of our presbyterian martyrology ; and on the whole, the book does leave on 
the mind of the reader an impression by no means unfavourable to the memory of our 
covenanting forefathers. I shall select a few specimens illustrative of the author's senti- 
ments regarding some of the most prominent subjects of the following history. 

The first extract respects the character of the presbyterian clergy in the reign of 
James VI. and the earlier part of the reign of Charles I. If, as Sir W. thinks, their 
successors were deteriorated by means of the politico-theological contests of the times, 
this was the result of circumstances which they could not control. The substratum 
was the same ; and presbyterianism was equally favourable in both periods to excellence 
of character. 

" They," the presbyterian clergy, " were endeared to the people by the purity of their 
lives, by the depth of learning possessed by some, and the powerful talents exhibited by 
others ; above all, perhaps, by the willingness with which they submitted to poverty, 
penalties, and banishment, rather than betray the cause which they considered as 
sacred." p. 82. 

" The presbyterian preachers, in throwing away the external pomp and ceremonial of 
religious worship, had inculcated in its place, the most severe observation of morality. 
It was objected to them, indeed, that as in their model of church government, the Scot- 
tish clergy claimed an undue influence over state affairs, so in their professions of 
doctrine and practice, they verged towards an ascetic system, in which too much weight 
was laid on venial transgressions, and the opinions of other Christian churches were 
treated with too little liberality. But no one who considers their works, and their 
history, can deny to those respectable men, the merit of practising, in the most rigid 
extent, the strict doctrines of morality which they taught. They despised wealth 
shunned even harmless pleasures, and acquired the love of their flocks by attending to 
their temporal as well as spiritual diseases. They preached what they themselves sin- 
cerely believed, and they were believed because they spoke with all the earnestness of 
conviction. They spared neither example nor precept to improve the more ignorant of 
their hearers, and often endangered their own lives in attempting to put a stop to the 
feuds and frays which daily occurred in their bounds." " The clergy of that day were 
frequently respectable from their birth and connexions, often from their learning, and at 
all times from their character. These qualities enabled them to interfere with effect, 
even in the feuds of the barons and gentry ; and they often brought to milder and more 
peaceful thoughts, men who woidd not have listened to any other intercessors. There 
is no doubt, that these good men, and the Christianity which they taught, were one of 
the principal means of correcting the furious temper and revengeful habits of the Scot- 
tish nation, in whose eyes bloodshed and deadly vengeance had been till then a virtue." 
w Besides the precepts and examples of religion and morality, the encouragement of 
general information and knowledge is also an effectual mode of taming and subduing the 
wild habits of a military and barbarous people." " The preachers of the reformation had 
appealed to the scriptures as the rule of their doctrine, and it was their honourable and 
liberal desire, that the poorest as well as the richest man should have an opportunity oi 
judging by his own perusal of the sacred volume, whether they had interpreted the text 
truly and faithfully." After noticing honourably the exertions of the church to obtain 
a proper system of national education, he thus writes : " At length the legislature, chiefly 
by the influence of the clergy, was induced to authorize the noble enactment, which 
appoints a school to be kept in every parish of Scotland, at a low rate of endowment 
indeed, but such as enables every poor man within the parish to procure for his children 


the knowledge of reading and writing- ; and affords an opportunity for those who show 
a decided taste for learning, to obtain such progress in classical knowledge, as may lit 
them for college studies. There can be no doubt, that the opportunity afforded, of 
procuring instruction thus easily, tended, in the course of a generation, greatly to civilize 
and humanize the character of the Scottish nation; and it is equally certain, that this 
general access to useful knowledge, has not only given rise to the success of many men 
of genius, who otherwise would never have aspired above the humble rank in which 
they were born, but has raised the common people of Scotland in general, in knowledge, 
sagacity, and intelligence, many degrees above those of most other countries," vol. i. pp. 
109, 174. 

Charles' first parliament in Scotland after the restoration, is thus described : " Their 
parliament when they met were generally, many of them, under the influence of wine, 
and they were more than once obliged to adjourn, because the royal commissioner 
(Middleton) was too intoxicated to behave properly in the chair." vol. i. p. 178. This 
was the parliament that abolished presbytery, established episcopacy, and began the long 
career of desolating persecution. 

Of the horrible system of intercommuning he thus speaks: " The nearest relations were 
prohibited from assisting each other, the wife the husband, the brother the brother, and 
the parent the son, if the sufferers had been intercommuned. The government of this 
cruel time applied these ancient and barbarous laws to the outlawed presbyterians of 
the period, and thus drove them altogether from human society. Iu danger, want, and 
necessity, the inhabitants of the wilderness, and expelled from civil intercourse, it is no 
wonder that we find many of these wanderers avowing principles and doctrines hostile 
to the government which oppressed them, and carrying their resistance beyond the 
bounds of mere defence. There were instances, though less numerous than might have 
been expected, of their attacking the houses of the curates, or of others by whose 
information they had been accused of nonconformity ; and several deaths ensued in those 
enterprises, as well as in skirmishes with the military." vol. ii. pp. 224, 225. 

Of Mitchell's case we read as follows : " It is shameful to be obliged to add, that 
the duke of Lauderdale would not permit the records of the privy council to be pro- 
duced, and that some of the privy councillors swore, that no assurance of life had been 
granted, although it is now to be seen on the record. The unfortunate man was there- 
fore condemned. Lauderdale, it is said, would have saved his life; hut the archbishop 
demanding his execution as necessary to guard the lives of privy councillors from such 
attempts in future, the duke gave up the cause with a profane and brutal jest, and the 
man was executed, with more disgrace to his judges than to himself, the consideration 
of his guilt being lost in the infamous manoeuvres used iu bringing him to punishment." 
vol. ii. pp. 252, 253. 

His opinion of Sharpe's death is as follows : " Such was the progress and termination 
of a violent and wicked deed, committed by blinded and desperate men. It brought 
much scandal on the presbyterians, though unjustly ; for the moderate persons of that 
persuasion, comprehending the most numerous, and by far the most respectable of the 
body, disowned so cruel an action, although they might be at the same time of opinion, 
that the archbishop, who had been the cause of many men's violent death, merited some 
such conclusion to his own. He had some virtues, being learned, temperate, and living 
a life becoming his station ; but his illiberal and intolerant principles, and the violences 
which he committed to enforce them, were the occasion of great distress to Scotland, 
and of his own premature and bloody end." vol. ii. pp. 259, 260. 

In addition to the interesting details of the following history, those who desire to have 
a full and impressive view of the real character of those times, and the Bufferings of 
our forefathers, may be referred to such valuable works as the following': — Black- 
adder's Memoirs — Lives of Alexander Keid — James Nesbit — Hugh Mackail, and John 
Brown — Kirk ton's History — M'Crie's Lives of Veitch and Bryson, and the two volumes 
of the Scots Worthies. I beg also, particularly to notice, and to recommend the Review 
of the First Series of the " Tales of my Landlord," in the Christian Instructor, for 
1817, and afterwards published as a separate work with additions, under the title 
of a " Vindication of the Covenanters. This truly valuable and triumphant work 
is well known to be the production of Dr M'Crie. In addition to the references which 
have been made to it in the previous part of this dissertation, we Bhall give the following 
valuable extract : — " What did our presbyterian ancestors do, hut maintain tlieir religious 
profession, and defend their rights and privileges, against the attempts Which were made 
to wrest these from them? This was the body and front of their offending. And wire 
they not entitled to act this part? Were they not bound to do it? What although, in 


discharging- this arduous duty, in times of unexampled trial, they were guilty of partial 
irregularities, and some of them of individual crimes ? What although the language in 
which they expressed themselves was homely, and appears to our ears coarse, and 
unsuitable to the subject ? What although they gave a greater prominence to some 
points, and laid a greater stress on some articles, than we may now think they were 
entitled to '? What although they discovered an immoderate heat and irritation of spirit, 
considering the barbarous and brutal manner in which they had long been treated '- , What 
although they fell into parties, and quarrelled among themselves, when we consider the 
crafty and insidious measures employed by their adversaries to disunite them — and when 
we can perceive them actuated by honesty and principle, even in the greatest errors into 
which they were betrayed ? These, granting them to be all true, may form a proper 
subject for sober statement, and for cool animadversion ; but never for turning the whole 
of their conduct into ridicule, or treating them with scurrilous buffoonery. No enlight- 
ened friend to civil and religious liberty — no person, whose moral and humane feelings 
have not been warped by the most lamentable party-prejudices, would ever think of 
treating them in this manner. They were sufferers — they were suffering unjustly — 
they were demanding- only what they were entitled to enjoy — they persevered in their 
demands until they were successful — and to their disinterested struggles, and their 
astonishing perseverance, we are indebted, under God, for the blessings which we 

No II. 

Mr Wylie s Thoughts on the Indulgence and Accommodation , 

The following paper, which has been copied from the autograph of its able aud 
venerable author, may not be uninteresting to the reader. Mr Wylie was a distinguished 
actor in the scenes of those times ; and is frequently spoken of by our historian. He 
was the father of Mr Robert Wylie of Hamilton, one of the most respectable ministers 
of his day, and many of whose letters are among the Wodrow MSS. 

" 1. Is yr not many presumptiones of it, that the prime-presser of this vnion is favourably 
inclined to popery : as may appeare by his converse with men of that persuasion : by his 
high esteeme of Romish doctoris and such as are pillars of the Romish church : by his 
affection to ye liturgie, etc : by his way its evident when ye opportunity offereis he will be 
as fordward and more cordiall for ane vnion with poperie, nor he is for ane vnion with 

" Idly, His designe in this vnion wold be considered : which is not to weaken much less 
to extirpate episcopacy : it being the conditio sine qua non (Episcopacy alwayis standing) 
and if so, neyther is it to restore presbytrie, or to streuthen the presbyterian party. 
But the reall design is either to corrupt them to a walling (cementing) with Episcopacy 
and so to divid them from ye honest people, and party in the land to whom such a com- 
plyance as is stood for is most hateful : or if they prevail not thus, then by calumny and 
reproach to expose them to the hatred of the magistrat as ane humorvs vnpeaceable 
pack that cannot be endured : so the intended vnion is to be wrought either by a subtill 
reduction and bringing- back of the presbyterian to that Egypt from whence he was 
delivered, or be ane overturneing or outturneing of him, if he will not returne. And 
shall any thing els be expected, whiil as these Cassanderis speak magnefyingly of their 
owne, and slightingly of the presbyterian way. 

" 3dly, Have wee not looked vpone Episcopacy as a plant not of Godes planting, and 
hes not our Lord said that every plant which his heavenly Father lies not planted shall be 
plucked vp. Why then should any incline to be insert in the same stock with them, 
when the on is pulled vp the other will be in hazard ? Is there not to all (who know 
wherein the essence of one and other consistes) a manifest incompatibility of the two 
together. Certainely as it is a sin to separat these thingis that God hes put together so 
it is a sine to joyne these things that God hes separat, both in the essence of the thinges, 
and by his expresse command : it shall not be so amongst you etc. and is it not aho 
manifest, that there is such ane antipathie betwixt things of human invention and of 
Godes appointement, that where so ever they are planted together the thriveing of the 
one is the killing of the other. 

" ithly, May not experience teach vs that persons and places most addicted and obse- 
quious to Episcopacy hath least of the trueth of religion, and power of Godliness : and 
such of the ministry that way basely and servilely inclyned, and most conformable, do 


least good by thair ministry in the church for the saveing and building vp of menes souies 
vnto eternal! lyfe ; and that partly threw the dislik and prejudice of people against them, 
and partly throw the curse of God vpon them. Its the generail acknowledgement of 
the Godly that they are not edified by such as fall in with them, and its to be hoped 
that no indulged brother will desire to be vnder the same curse. 

" bthly, Its also remarkable that where these bishopis have had, or have any persones 
or places vnder their aspect or shaddow, there proceides from them such a malignant 
influence, and such pestiferous distillationis towardes the same, that very hardly can true 
religion, and the power of Godlines be there preserved alive, vpone which they cast 
always a squint eye of malice to keep the same either from rooting there, or that they 
may kill it with their overdressing of it, or by their power weed it out. 

" Gfhly, The way taken at this present tyine exactly and punctually homologates the 
way taken by the prelatick party in former tymes, which was their vseing of cuning 
trickes of dividing of their precisian opposites (as they called them, at K. J. his entry to 
England) by qualifying or taking aff some by favour and preferment : and exasperating 
others by severity, whereby these who should have joyned foot to foot and widden 
throw the swellings of Jordan in otheris haudis ran severall wayes and crossed one 
anotheris endeavoures and designes : I need not instance the lyk practice now, which is 
palpable to all ; whill some are indulged and subtily dealt with for a complyance : whill 
otheris are not only slighted but cited and put to great extremityis : But doe wish that 
there be a joyning of hand in hand etc. 

" lly, Yealding brethren (if any such, as God forbid, there be) wold seriously consider 
whither or not by their example they will. 1. contirme the wavering mynded conformi- 
tantis : who with much doubting and reluctancy (out of feare) hath slipped on in the 
backslyding course : 2ly, reduce some (as yet) vnconformable, and incline them not to 
stand out any more vpon poyntis of that nature as these who were looked upon as 
champions do so easily come and gang vpon. 3ly, And adde more to the greife and 
smart of the peremptory adherers to the presbyterian way, who will be accounted wild, 
refractury, and rebellious. My, And justifie, both the severity of prelatis, and otheris 
afterward, against these that shall stand out vnconformable : as proceiding equaly and 
doeing hot their duty, to God, to his church, and to his maiestie : 

" Sly, The brethren called to this communing (standing as wee hop and suppose for 
reformation) wold consider their capacity: and how they should carry in their capacity : 
as for their capacity its certainly hot private (tho the subiect matter of their communing 
be of publick concernment and does very eminently concerne the publick work of refor- 
mation) and so should not be medled with by any out of a public capacity : next as they 
are not chosen generally by those that adhere to the reformatioun, which begetis a pre- 
judice; so they are papped out (as more plyable and yeelding persones) by those who 
are against the reformation, just as in a tryall by collusion ; which tbing is apt in its owne 
nature, to beget a deeper and a blacker prejudice; and tho wee have not the least jea- 
lousie of our faithfull brethren, yet this shewes the subtillty of the adversary and the 
aptness of the way taken to beget prejudice and divide. But with all it may show the 
adversary too that tho he should gaine a persone or two to his way, yet he will not gaine 
much to his cause, their capacity being bot privat engageing none hot themselfes. As to 
their carriage and behaviour, they wold consider [1.] whether or not it were their best 
(as no doubt it were their best) to say nothing in a publick cause without a free generail 
Assembly, wherein all concerned may have liberty to speak. 2ly, as privat persons they 
may be 1. complaineris of wrong, 2fy, petitioneris at the Magistratis handis for right. 
3ly, by argumentis stoutly challengs and defend the churches right; for every privat man 
may defend, and plead for a public cause tho they may not enter vpon communing in 
order to comeing and goeing vpon a public cause." 










The condition and circumstances of 
suffering presbyterians, it must be 
owned, alters a little under this period, from 
what it was during the former. For near 
six years after the restoration, that bod}' 
of religious and loyal Scotsmen, underwent 
as much oppression and injustice, as would 
have put any almost but themselves, upon 
quite other methods than they took. Their 
legal securities for their reformation, and 
religious rights, were removed, their civil 
liberties taken away, their ministers scattered, 
and a company of men forced into their 
churches, whose practice and morals, as 
well as their doctrine, made them public 
nuisances. The prelates are brought in to 
lord it over their consciences ; piety and 
serious religion is openly discountenanced, 
and all its followers almost put under the 
cross : in short, a very barbarous military 
execution is made use of, to force all down 
their throat; and all liberty of petitioning 
and addressing against those evils, is dis- 
charged under the highest pains. Yet 
presbyterians silently bear all, and groan and 
mourn in secret, waiting and hoping, that 
Providence would open some door or other 
for their relief; and humbly praying, that 
the cry of their oppression might come up 

to heaven, and the Lord would please to 
appear in their behalf. Their adversaries 
themselves being judges, nothing hitherto of 
rebellion or disloyalty can be laid to their 
charge; yea, it may be affirmed, that scarce 
a greater instance of patience and modera- 
tion, can be given in any party in Britain. 
With the greatest temper they bore the most 
arbitrary finings, with the illegal and military 
exaction of them ; the outing and confine- 
ment of their worthy ministers ; the calum- 
nious and invidious declarations, that their 
worshipping God was sedition, and the bitter 
prosecution, even unto death, of some of the 
best of their nobility, gentry, and ministers. 
Under all this they offered not to stir, till 
abused with military violence ; and even 
then, only sought redress of these grievances 
from their persecutors, whom they owned as 
lawful magistrates. True it is, they peti- 
tioned in arms ; but then it was under a 
government, where petitioning, as well as 
defensive arms, were discharged as seditious. 
How little reason the advocates for passive 
obedience have, to charge presbyterians with 
the guilt of rebellion, and resisting the king, 
in this period I am now entering upon, will 
best appear from the true and unbiassed 
accounts of matter of fact, now to be given ; 


where it will be evident, the rising under this year. Beside 

which ended at Pentland, was both 
a plain fruit of the horrid oppression of the 
country, and a gathering in arms merely for 
self-defence, at first neither premeditated nor 
designed ; and all they had in view was a fair 
and just hearing of their grievances, as to 
their religious and civil concerns. I shall 
then begin this book with an account of that 
successless attempt for these good ends 
which is best known by its name, taken 
from its tragical end at Pentland. 


UPON, 1666. 

As far as I know, there hath been no full 
and distinct narrative of this business pub- 
lished as yet to the world ; and therefore I 
shall be the larger in mine, and touch at 
some things which preceded this rising, and 
fell out the former part of this year. Then 
I shall essay as particular a relation as I can, 
of the rising itself, in its beginnings, progress, 
and dispersion, and end this chapter with as 
distinct accounts, as I can now give at this 
distance of time, of the persons put to death 
upon this score, and their carriage and 
Christian behaviour, waving very much what 
hath been already published to the world 
upon those heads. 


An account of the strife of affairs during that 
part of the year 1 666, immediately preced- 
ing the rising at Pentland. 

In the former book I have brought down the 
accounts of the state of this church, to the 
end of the year 166o, and one would think 
matters are so managed this year following, 
as if there had been a formed design to force 
presbyterians into violent measures and by 
oppression to make them mad. 

An act of council, December last, was 
hinted at, which I may here take in, as the 
occasion and foundation of some of the 
smaller branches of trouble not a few fell 


the two severe 
proclamations already noticed, which were 
emitted December 7, 1665, I find another 
act in the registers, of the same date, which 
they term commission for discipline ; and I 
insert it here. 

" The lords of his majesty's pi'ivy council, 
considering how necessary it is for sup- 
pressing sin and disorder, that some fit 
persons be assisting to the minister in every 
parish, in the exercise of discipline; do 
therefore recommend to the several ministers 
of this kingdom, that they make choice of 
such a number as they shall think meet, of 
the most grave, sober, and discreet persons 
within the parish, to be assisting unto them 
in the exercise of discipline : commanding 
all persons, who shall be required by the 
ministers for that effect, to give their ready 
concurrence and assistance, as said is. And 
in case of refusal or delay, that the minister, 
after he hath acquainted the bishop of the 
diocese therewith, and has received his order, 
require, or cause require them to make their 
appearance before the brethren of the exer- 
cise ; and in case they refuse, or delay to 
compear, or compearing refuse to give their 
assistance, as said is, that the brethren of 
the exercise present their names to the 
bishop of the diocese, to be by him trans- 
mitted to the lords of his majesty's privy 
council, to the intent they may be proceeded 
against, according to their demerit, and as 
the case requireth. And for the better 
maintenance and supply of the poor, they 
recommend to the minister of every parish, 
and those assisting him in the exercise of 
discipline, where any such are or shall be, 
that they be careful to collect, and uplift 
I the fines and penalties, formerly used to be 
uplifted by kirk-sessions, from scandalous 

Several very obvious reflections will offer 

themselves to the reader, from this act of 

council : the necessity and usefulness of that 

! officer of Christ's institution in the Christian 

' church, the ruling elder, very much opposed 

i by the prelatists, is tacitly acknow [edged, and 

a kind of equivalent is here erected, at the 

request of the prelates, though every way, 

like themselves, a creature of the civil power. 

, Here is likewise a direct attempt upon our 

CHAP. I.] 
Redeemer's prerogative, in bringing in new 
officers of their own framing, as assistants in 
discipline, one of the keys of the kingdom of 
heaven : and they are not pitched upon 
consentiente plebe sacra, according to the 
primitive institution of these representatives 
and overseers of the Christian people, but to 
be pitched upon by the minister ; and every 
one who refuseth, is to be forced into this 
work by the secular power of the privy 
council. Which brings me to add, that the 
refusing to join with the curates in discipline, 
was matter of much suffering to presby- 
terians. I could make it evident, that, in 
several places, gentlemen and others were 
pitched upon, and the episcopal minister is 
not tied up from any by the act, not from 
any desire that they should join with them, 
but with an eye to bring them to trouble. 
They knew real presbyterians would never 
fall in with them ; for it had been a renoun- 
cing of their principles, and falling in with 
the prelatical constitution. It is plain the 
act of council orders a kind of ordination by 
the prelatical presbytery; and a subjecting 
unto this was a sort of incorporation with 
the hierarchy, and a great deal more than a 
simple presence at ordinances dispensed by 
the curates ; and some who submitted to the 
last, choosed to suffer before they would do 
the first. In the former book, some instan- 
ces of persecution upon this account, have 
been pointed at in the laird of Aikenhead's 
case, and that of others ; and I might now 
add James Maxwel of Williamwood, whose 
sufferings will come to be narrated in the 
progress of this history. A few more instan- 
ces of hardships upon this head, may suffice 
in a case that was very general. 

Even before this act was made, in the 
year 1664, John Corsbie in Easter-cotes, 
in the parish of Cambuslang, was required 
by Mr. Cunningham incumbent there, to 
assist him in discipline ; and when he refused, 
upon the general laws about conformity, 
and encouragement of orthodox ministers, 
he was summoned before the council ; and, 
upon his noncompearance, was harassed by 
messengers, with caption against him, for 
many months, and forced to hide, and fre- 
quently to withdraw from his own house. 
Robert Hamilton in Spittal, in the same 



parish, was this year, 1666, perse- 
cuted on the same account; and 
from this to Bothwell bridge, he could scarce 
keep his own house with safety. He was 
put to the horn, and his house frequently 
searched and spoiled. William Alexander 
and William Baird in Drips, in the parish of 
Carmonnock, were fined in an hundred 
pounds each, because they would not assist 
the curate in discipline, in the parish of 
Cathcart. Gasper Tough in the parish of 
Kilmarnock, was much troubled upon the 
account of his refusal to join with the curate 
there. In the same town, Andrew Taylor, 
wright, was fined in twenty merks, upon the 
same score. 

It was upon this account, amongst other 
things we have heard already, that the laird 
of Aikenhead, with some other gentlemen, 
were confined to Inverness, Elgin of Murray, 
and other places, at a vast distance from 
their houses and families. And it may not 
be amiss here to take notice of a letter, a 
copy of which lies before me, from Mr. 
John Paterson bishop of Ross, to his son, 
afterwards archbishop of Glasgow, then 
minister at Edinburgh. It is dated this 
year, without the month. The bishop, 
among other things, desires his son " to 
acquaint my lord St. Andrews, that he looks 
upon the temper of the country about him 
to be very cloudy like. He complains of a 
friendship made up between Seaforth and 
Argyle, and of a change in many who pre- 
tended to be friends to prelacy when it was 
set up. He adds, that it is certain the 
westland gentlemen, who are confined to 
Elgin and Inverness, have done more evil 
by their coming north, by two stages, than 
they could have done in their own houses : 
they have alienated the hearts of many who 
were of another principle before ; they have 
meetings with our great folks, adds he, and 
are better respected nor any bishop in Scot- 
land would be. He begs these gentlemen 
may be recalled, that they spread not their 
infection any more; and adds, they are the 
staple of intelligence between the west and 
north, among the fanatic party ; and desires, 
that the primate may be acquainted of this, 
and make his own use of it, without his 
being seen in it." This letter discovers to 



us, that these hardships put upon 
presbyterians, were ordered in pro- 
vidence for the good of their common interest. 
I have many a time heard it observed, that 
Mr. Bruce, Mr. Dickson, and others, their 
confinement in the north, during the former 
times of prelacy, was no service done to the 
prelates : and those gentlemen's confine- 
ment, and that of several ministers since the 
restoration, was of no small use to the 
interests of liberty and presbytery there ; 
and the good effects of their confinement 
are not yet at an end, and I hope never shall. 

As this council commission about discip- 
line was matter of trouble to not a few 
presbyterians, so the other proclamations 
emitted with it formerly, were a continuing 
fund of distress to the ministers lately turned 
out. Thus I find, towards the end of 
January, at the instigation probably of the 
bishop of Galloway, the council direct letters 
against the reverend Mr. John Welsh, Mr. 
Semple, Mr. Blackader, and others. And 
that the reader may see the grounds they 
went upon, and know the form of these 
public citations, which in a little time turned 
very common, I shall give them here from 
an original before me. 

" Charles, &c. To our lovits, &c. greet- 
ing. Forasmeikle as it is humbly meaned 
and shown to us by Sir John Nisbet of 
Dirleton knight, advocate for our interest, 
and Sir William Purvis our solicitor, agent 
for church affairs, that where, notwithstand- 
ing of several laws and acts of parliament, 
the assembling and convening our subjects 
without our warrant, is prohibited and dis- 
charged, as a most dangerous and unlawful 
practice, under the pains against such as 
unlawfully convocate our lieges ; and that 
conventicles and unwarrantable meetings and 
conventions, under pretence and colour of 
religion, and exercise thereof, being the 
ordinary seminaries of separation and rebel- 
lion, are altogether unlawful ; and by several 
acts of parliament and privy council, pro- 
hibited and discharged; by the 1st act of 
the 3d session of the late parliament, it is 
declared, that the withdrawing from, the not 
joining with the public ordinary meetings 
for divine to be counted seditious ; 
by an express clause of the said act, all such 


ministers as have not obtained presentations 
and collations conform thereto, and all such 
as would be suspended or deprived, and yet 
should dare to presume to exercise the 
ministry, are to be punished as seditious 
persons : likeas, divers acts of parliament, 
viz. the 134th of our grandfather James VI. 
of worthy memory, pari. 8th, it is statute 
and ordained, that no person of whatsomever 
function, or degree, or quality, shall presume 
to take upon hand, privately or publicly, 
in sermons, declamations, or familiar con- 
ferences, to utter any scandalous speeches 
to the reproach of us, our privy council, 
and proceedings; or to meddle with the 
affairs of state, or to deprave our laws and 
acts of parliament or council, or to traduce 
or reproach our royal estate and government, 
under the pains contained in the acts of 
parliament against makers or tellers of 
leasings. And by the 1st act of our royal 
grandfather king James, pari. 8th, Mr. 
George Buchanan his book (De Jure Jicgni) 
is condemned, as containing sundry offensive 
matters worthy to be delete ; and the havers 
of the said book are ordained to bring in 
and deliver the same, under the pains therein 
mentioned : nevertheless, true it is and of 
verity, that the persons after mentioned, 
viz. Mr. John Welsh late minister at Iron- 
gray, Mr. Gabriel Semple late minister at 
Kirkpatrickof the Muir,Mr. John Blackader 
late minister at Traquair, Mr. Robert 
Archibald late minister at Dunscoir, Mr. 
Samuel Arnot late minister at Kirkpatrick 
Durham, Mr. John Douglas late minister 

at , Mr. Alexander Pedin late 

minister at , Mr. William Reid late 

minister at , Mr. John Wilkie late 

minister at , Mr. John Crookshanks and 

John Osburn in Keir, having been formerly 
ministers at the respective places above men- 
tioned, and not having obtained lawful pre- 
sentations and collations, conform to the said 
act of parliament ; and they or either of them 
being suspended or deprived, at least pretend- 
ing to be ministers, and not authorized and 
lawfully admitted by public authority, to any 
charge within this kingdom, at least being per- 
sons disaffected to our royal authority and 
government, and the government of the 
church as it is now established by law ; and 

CHAP. I.] 

in main contempt of our authority, and the 
laws and acts of parliament foresaid, have, 
and yet do still presume to keep conven- 
ticles and private meetings, and presume to 
preach, and in their sermons and conference 
traduce, reflect upon, and declare against 
authority, and the government civil and 
ecclesiastical, as it is established by law in 
church and state ; and do not only withdraw 
from the ordinary and public meetings for 
divine worship, but do most seditiously* 
by their practice and example, and by 
their speeches and discourses, seduce, and 
endeavour to withdraw others from the 
same. And particularly the said Mr. John 
Welsh does presume frequently, at least 
once every week, to preach in the parish of 
Irongray, in the presbytery of Dumfries, 
and himself, and these who frequent his 
conventicles, do convene together, armed 
with swords and pistols; at the which 
meetings he also baptizes children that are 
brought to him by disaffected persons ; and 
at some times he comes into the sheriffdom 
of Ayr, especially at the latter end of July 
last, and did keep a conventicle at Galston 
Muir, where he baptized many children, 
namely, a child of Andrew Boyes merchant 
in Kilmarnock, and of Alexander Mitchel. 

Likeas, the said Mr. John did keep 

another conventicle at Shirraland in Plirn- 
nick parish, about the 1st of November last, 
where he baptized the children of James 
Mowat in Kilmarnock, John Claig in Dib- 
land, James Gall, and many other persons. 
As also, upon the 11th of July last, he kept 
another conventicle in the same place, where 
he baptized the children of John Chalmers, 
John Dickie, and David Currie. And also 
the said Mr. Gabriel Semple did keep a 
conventicle at Achmannock, where, amongst 
many others, he baptized a child to John 
Guthrie in the parish of Newmills ; and 
siklike, kept another conventicle at Labroch- 
hill, in October last ; as also does frequently 
ride to the country in disguise, with sword 
and pistols, and calls at the houses of dis- 
affected persons, to see what children there 
is to be baptized, and so appoints a place 
for their meeting: and this he does, not 
only in the sheriffdom of Ayr, but also in 
many places of the shire of Nithsdalc, within 


the stewartry of Kirkcudbright. 


Also, the said Mr. John Blackader 
has ofttimes convened great numbers of the 
parish of Glencairn, and the neighbouring 
parishes, sometimes to the number of a 
thousand and upwards, and continues so to 
do every Lord's day ; at which meetings he 
frequently baptizes the children of all dis- 
affected persons. And siklike, the said Mr. 
Robert Archibald does frequently keep con- 
venticles and meetings in several places, and 
thereat did baptize children. As also, the 
said Mr. Alexander Pedin did keep a con- 
venticle at Ralston, in the parish of Kilmar- 
nock, about the 10th of October last, where 
he baptized the children of Adam Dickie, 
Robert Lymburner, and many others ; as 
also kept a conventicle in Craigie parish, at 
the Castle-hill, where he baptized the children 
of William Gilmor in Kilmarnock, and 
Gabriel Simpson, both in the said parish, 
and that besides twenty-three children more ; 
both which conventicles were kept under 
cloud of night, with a great deal of confusion: 
as also the said Mr. Alexander rides up and 
down the country with sword and pistols, 
in gray clothes. And also, the said Mr. 
John Crookshanks does not only frequent, 
keep, and hold conventicles, contrary to the 
foresaid laws and acts of parliament, but 
does avowedly keep by him that book called 
Buchanan De Jure Regni, which he has trans- 
lated out of Latin into English, intending 
thereby to infuse and poison the people 
with treasonable and seditious principles, 
contained in the said book. As also, the 
said John Osburn does presume to take 
upon him to be an officer for giving notice 
to the people of the said unlawful meetings, 
and accordingly, from time to time, doth 
acquaint them herewith. By which whole 
deeds, generally and particularly above 
written, the said persons, and each one of 
them having incurred the pains and penalties 
prescribed by the laws and acts of parliament 
above specified, which ought and should be 
inflicted upon them, to the terror of others 
to commit the like in time coming : our will 
is herefore, and we charge you straitly, and 
command, that incontinent, thir our letters 
seen, ye pass, and in our name and authority 
command and charge the persons particularly 



above complained upon, at the 

Dumfries, market cross of Edinburgh, pier 
and shore of Leith, in regard they are latest, 
and keep themselves out of the way, that 
they may not be apprehended, and have no 
certain constant residence or dwelling, but 
do travel and walk up and down the country 
from place to place ; to compear personally 
before the lords of our privy council, at 
Edinburgh, or where it shall happen them 

to be for the time, the day of 

to answer to the premises, and to hear and 
see such order taken thereanent, as apper- 
tains, under the pain of rebellion, and put- 
ting of them to the horn : with certification 
if they failzie, our other letters shall be 
direct, to put them simpliciter thereto. And 
siklike, that ye charge the witnesses under 
written, not exceeding the number of ten 

persons to compear personally before 

our said lords, the said day and place, to 
bear leel and soothfast witnessing, in so far 
as they know, or shall be spiered at them, 
in the foresaid matter, under the pain of' 
rebellion ; with certification to them in man- 
ner above written. The whilk to do we 
commit to you conjunctly and specially 
our full power, by thir our letters, delivering 
them by you duly execute, and indorsed 
again to the bearer. Given under our signet, 
at Edinburgh, the 25th day of January, arid 
of our reign the 18th year, 1666. 

" Ex deliberatione dominorum secreti 

" Pet. Wedderburn." 

Those letters were formed upon informa- 
tions taken at random, and therefore must 
not be reckoned proof of matters of fact 
advanced in them ; and what I remark here 
would be carried along by the reader, to 
many of the general charges against suffering 
ministers, and others which follow : such of 
them as could with safety appear, disproved 
most of what was informed against them. 
In the case before us, I only notice, that it 
was a falsehood here insinuate, that Mr. 
Welsh, or any of those reverend ministers 
preached or declared against the king's 
authority. Such declarations were yel 
strangers in Scotland for main- years : when 

[book II. 

and how they came in, will afterwards coir.e 
to be declared. 

About this time the council come to some 
good resolutions against quakers and papists, 
who, as hath been observed, increased 
mightily since the overturning of presby- 
terian government in this church. We have 
seen, that a good while ago orders had been 
given about them, and letters writ to the 
bishops; and, February 1st, the council agree 
to the report of the committee made that 
day, and renew their appointments on the 
clergy. The substance of what I find in the 
registers, is, " that excommunicate quakers 
be proceeded against conform to acts of 
parliament : that in order to a libel's being 
formed against Andrew Robertson, and 
Anthony Haggat, quakers in prison, orders 
be direct to such ministers as can bring in 
information against them, to bring in the 
same to the king's advocate ; and that 
particularly Mr. Thomas Donaldson bring 
what informations, writings, books, or papers 
they have anent the said quakers, or any 

others : that Radburn, and Charles 

Ormiston, merchants in Kelso, be brought 
in prisoners to Edinburgh." 

" As to papists, that the laws and acts 
made against them be put in execution ; and 
in order thereto, that a list of the whole 
papists be taken up by the minister in every 
parish, and an account given who are excom- 
municate, who not, who have interest in the 
parish, and who are vagrant and trafficking 
papists; that the lords archbishops recom- 
mend it to the bishops, that they cause the 
minister of every parish, or moderator of 
the presbytery where churches are vacant, 
to send in their lists with all diligence : 
that the magistrates of Edinburgh search 
after any meetings kept by papists in Edin- 
burgh, Canongate, or any of their lihertics, 
and delate their names to the council : that 
a list of all excommunicate papists be given 
to the lords of session, that they may affix 
in the most patent place a roll of their 
names, that they may be debarred from 
defending or pursuing any cause before 

All this, as far as I can find, came to 
nothing ; quakers and papists still increased, 
and it was only presbytcrians whom the 

CHAP. I.] 

clergy were in earnest about, during this 
reign, and they are borne down with the 
greatest violence. Thus, upon the 8th of 
February this year, the council emitted a 
proclamation against a book published by 
one of the banished ministers in Holland 
last year, intituled, an " Apolegetical Relation 
of the Particular Sufferings of the Faithful 
Ministers and Professors of the Church of 
Scotland, since August 1660." I have added 
it in a note.* This book is ordered to be 
burnt by the hand of the hangman, in the 
High Street of Edinburgh. All who have 
any copies are ordered to give them up to 
the next magistrate by such a day ; and 
after that, if any have them in their pos- 
session, they are to be fined in two thousand 
merks. This method, now so common, did 
not answer the end proposed, for people 
ran the more greedily after such prohibited 
books ; but the managers who could not 
permit their evil works to be brought to the 
light, and were not in case to answer plain 
matter of fact, had no other way but this of 
the papists left them 

* Proclamation against the Apohgetical Nar- 
ratio?i, February 8th, 1G60. 

The lords of his majesty's privy council, con- 
sidering that by divers ancient and laudable laws 
and acts of parliament, and particularly the 10th 
act, 10th pari, the 134th act, 8th pari, of king 
James VI. of blessed memory, and by several 
other laws and acts, the authors, printers, ven- 
ters, or disposers of infamous and scandalous 
libels, are punishable by death, confiscation of 
moveables, and divers other high pains and 
punishments; and the said lords being informed, 
that there has been a pamphlet, of the nature 
foresaid, imported, "an Apologetical Narration 
of the .Suffering Ministers of the Kirk of Scot- 
land, since August 1660," which is printed and 
dispersed into several parts of this kingdom ; 
and upon examination and perusal thereof, is 
found to be full of seditious, treasonable, and 
rebellious principles, contrived of purpose to 
traduce the king's authority and government, 
the proceedings of the late parliament, and the 
king's privy council, contrary to the truth of 
the protestant religion, as it is protest within 
this kingdom, and established by law; and there- 
by to seduce the lieges from their allegiance and 
obedience, and to strengthen the disaffected in 
their rebellious principles, tenets, and practices. 
Therefore, and to vindicate the honour of this 
kingdom, and to witness and declare, that such 
principles and tenets, as are contained in the said 
pamphlet, are detested and abhorred by them, 
as treasonable and seditious, and are contrary to 
the laws of this kingdom, and destructive to the 
king's authority and prerogative royal, under 


The same day I find • 



say, relict of the reverend Mr. James 
Guthrie, and Sophia Guthrie her daughter, 
are brought before the council, merely be- 
cause the foresaid book was found in their 
custody, although as yet no law was against 
it ; and one needs not wonder they should 
have a book in their hands, which gives so 
just an account of so near a relation of theirs 
as Mr. Guthrie. Upon their refusing to 
declare upon oath, what they knew as to the 
author of the book, and to discover from 
whom they received it ; the council sentences 
them both to be sent to Zetland, there to 
be confined during pleasure, and to be kept 
close prisoners till they were sent there. 
The next council-day, March 2d, I find the 
members so sensible of the harshness of this 
sentence, that upon a petition presented 
from those two gentlewomen, craving their 
confinement may be altered to some place 
upon the continent, the matter is referred 
to the commissioner, to do as he finds 

In the beginning of this year, presbyterian 

which this kingdom hath flourished for many 
ages, and that they may show how much they 
abominate such tenets and principles, they ordain 
that upon the 14th day of February instant, the 
said pamphlet be publicly burned on the High 
Street of Edinburgh, near to the market-cross, 
by the hand of the hangman ; and that all 
havers of any of the said pamphlets, residing 
besouth the water of Tay, shall bring in and 
deliver the same to the sheriffs of the respective 
shires, or their deputes, to be transmitted to the 
clerk of privy council by them, betwixt and the 
last day of February instant ; and benorth the 
said water, betwixt and the 21st day of March 
next : with certification, that if thereafter any 
person of whatsomever degree, quality or sex 
they shall be of, shall have any of the said 
printed copies in their custody or possession, 
that they shall be liable in payment of the sum 
of two thousand pounds Scots money, to be 
exacted without any favour or defalcation. And 
further, if they or any other person shall be 
found hereafter to be contriver, abetter, or 
assister to the making up, printing, publishing, 
or dispersing of the said seditious pamphlets, 
that they shall be proceeded against as authors, 
printers, importers, venters, or dispersers of 
seditious and infamous libels, and all pains and 
penalties made against them, shall be inflicted 
without mercy ; and ordain the magistrates of the 
town of Edinburgh, to cause burn one of the 
copies of the said pamphlets, in manner foresaid ; 
and these presents to be forthwith printed and 
published at the market-cross of Edinburgh, 
and other places needful, that none pretend 




ministers had some connivance, 
and were permitted to live in their 
hired house9, when turned out of their livings. 
The call of the importunate multitude, was 
not yet so great as afterwards, and generally 
they only preached to their own families, and 
a few neighbours who now and then stole into 
their houses. Field preachings, unless it 
were in some few places in the south, where 
the people would not hear the curates, were 
but very rare. The meetings of the epis- 
copal ministers in cities and towns, except 
where they were openly profane and vicious, 
were as much frequented as they could well 
expect. Indeed evils grew among them, and 
their impertinent and reproachful sermons, 
their open share in the cruelties and op- 
pression, which we shall hear of, with their 
lewd lives, quickly after this altered matters. 
At this time, if they could have been satisfied 
with the numbers of hearers they had, 
many thought they might have enjoyed their 
churches longer than they did : but they 
would have as throng churches, as the 
presbyterian ministers formerly had ; and if 
regard to their persons and sermons could 
not procure hearers, it is resolved, terror, 
force, and fear shall. 

Mr. Alexander Burnet, at this time arch- 
bishop of Glasgow, was the great manager 
of the west country persecution, and the 
better in case for this, that last year he was 
admitted a privy counsellor. To give every 
man his due, he was certainly one of the 
best morals among the present clergy ; yet 
his Simoniacal compact for his regress to his 
bishopric, after he had been turned out, as 
we may hear, was but little for his reputa- 
tion. He was a mighty bigot for the Eng- 
lish ceremonies and forms, and as forward 
to have all the usages of that church intro- 
duced to Scotland, as if he had been educated 
by bishop Laud; yea, to have his fancy 
pleased with these pageantries, he could 
have almost submitted to the old claim of 
the see of York over the church of Scotland. 
At his first diocesan meeting, he put five or 
six of his curates publicly in orders after the 
English pontifical to inure the west of 
Scotland to these novelties. To make good 
the remark I formerly made, that imposition 
in matters of religion goes hand in hand with 

oppression in civil matters ; and prelacy and 
popery in Scotland, pave the way for slavery : 
he was so grievous an oppressor of the city 
of Glasgow, that the greatest malignants, as 
the friends of prelacy in Scotland were 
formerly called there, were obliged to pro- 
test against his encroachments upon the 
magistracy in that city. He turned out 
several of the presbyterian ministers, who 
had been connived at in their charges before 
his accession; such as Mr. William Hamilton 
minister at Glasford, in the shire of Lanark, 
and others. His underlings, especially those 
consecrated according to the foreign forms, 
were vigorous instruments in helping forward 
his cruelties and oppression of the country ; 
and many of the severities this year, were in 
the bounds of his archbishopric. 

This spring Sir James Turner makes a 
third visit to the presbyterians in the west 
and south, and it was the severest visitation 
they yet felt. Now the curate, with two or 
three of Sir James's soldiers, fined whom 
they pleased, and made their exactions as 
large as they would. Their severities the 
former years were mostly upon the common 
people; but now the gentleman must pay, 
if his lady, servants, or tenants, were not 
exact in their attendance on the incumbent's 
sermons. The tenant must be oppressed if 
his landlord withdrew, though he and his 
family attended closely. The widow, the 
fatherless, the old and infirm, are not spared; 
the poor must beg to pay their church fines. 
The meat is snatched from the innocent 
children's mouths, and given to the soldiers' 
pleasure dogs. Many houses were quartered 
upon, till all the substance was eaten up, 
and then the furniture is sold or burnt. 
Thus multitudes of poor families were scat- 
tered, and reduced to the last extremity. 
If any complained to the officers, of the 
illegal and barbarous procedure of their 
soldiers, they were beaten ; if to the states- 
men, they were neglected. It was said, 
some of our noblemen at this time, were so 
far wearied of the merciless methods of 
the prelates, that they appeared very little 
careful how odious they rendered themselves. 
Indeed, if the bishops were formerly hated for 
their perjury and profancness, every merciful 
and ingenuous man now loathed their cruel 

CHAP. I.] 

and unrelenting temper; and their own prac- 
tices did them a great deal more hurt than 
all the field-meetings, and preachings, in 
houses privately, were capable of doing. In 
a few weeks the curates and soldiers gath- 
ered upwards of fifty thousand pounds Scots 
from the west country, precisely for their 
nonconformity. The prodigious sums ex- 
torted in the south of Scotland about this 
time, are set down in Naphtali, and I shall 
not resume them here : only the reader who 
hath time to bestow upon those things, will 
find a letter from a person of good note in 
the south to his friend at Edinburgh, with 
an annexed account of the general sums, 
and particular instances of oppressions. I 
have some ground to think the paper I have 
may be an original, taken by a worthy person 
employed to draw this account from the 
particular parishes ; and so I have annexed 
it, as that from which the account in Naph- 
tali is perhaps taken.* 

* Letter from a gentleman in Gallon-ay. 
Your desire to know the present condition of 
this afllicted country, hath offered me occasion 
to procure you some account of the grievous 
sufferings of several parishes, especially within 
the stewartry of Galloway, upon the account of 
not submitting to the government of prelacy, 
and such preachers as are thrust in upon them 
by it. Sir, any thing I can say here, is but a 
hint in comparison of what might be found 
upon a more full search ; yet the little view 
that is given you here, 1 suppose is well 
instructed from the particulars of every family 
and person who suffered in these parishes, 
though (for shortness) I have sent you only the 
sum of the whole in each parish. Truly, Sir, 
though I be no fanatic, nor favourer of fanati- 
cism, yet I cannot but be deeply affected, not 
only as a Christian, but as a man and member 
within this kingdom; for these things that are 
fallen out here, seem to import, not only the 
breaking of some of that party called fanatics, 
but the quite undoing of a considerable part of 
this kingdom, and putting them out of all 
capacity to be serviceable in the necessary 
defence of the rest, against the invasions of a 
foreign army, when we are so often threatened : 
for in these bounds generally all men (without 
difference) are disobliged, and discouraged from 
doing any service in that sort, if there should be 
occasion offered, I wish a due impression upon 
you also, and every one who minds the general 
good of the land, and chiefly our rulers, upon 
whom are the managing of affairs under his 
majesty, that remedy might be found out for 
preventing the weakening and destroying our 
own selves, especially now when we are in haz- 
ard from our enemies abroad : but it is a sad mat- 
ter that no man dare represent his grievances or 
complain of wrongs done to him or his interests, 



Another kind of fines exacted this 
3'ear, to complete the misery of the 
poor country, were those imposed by Middle- 
ton, in his second session of parliament, ol 
which above : the payment of those was 
suspended from time to time, till Middleton 
was turned out. A little after, as we have 
seen, they were divided into two moieties, 
and a day assigned for the payment of the 
first. Some who were able, and well in- 
formed of the hazard of delays, paid the first 
share, and got their discharge ; but a good 
many others did not. At length a procla- 
mation comes out, ordering all to pay the 

whole fine imposed against the day of 

this present year ; and the council remit it 
to the commissioner the earl of Rothes, to 
take his own way to collect the fines. His 
method was this : the troopers of the king's 
guard are ordered to different parts of the 
country, especially in the west and south, 
where most of the fined persons were, with 

lest he be ill looked on, and put himself in 
hazard of greater sufferings, as several here have 
found by sad experience, for complaining to the 
commanders. The first ot these sufferings was 
begun the year 1663, about mid May, when the 
forces came into Dumfries and Kircudbright. 
The second was in the year 1665, when the 
party, horse and foot, came in under the com- 
mand of Sir James Turner. The third was in 
this present year 1666, about the month of 
March, or beginning of April, when the party 
came in under the command of the said Sir 
James Turner, who yet continues in the coun- 
try. At the first two times, the stewartry of 
Galloway mainly suffered by them, but in this 
last expedition, not only Galloway, but also the 
sheriffdom of Nithsdale hath suffered, (of both 
which I have sent you a short account here 
enclosed.) First, as to their grievous exactions 
from that people, who were but poor before this 
time, in comparison of other parts. Next, you 
will find some instances of several of the soldiers' 
inhuman, a*nd also atheistical deportment, in 
these bounds. I could have sent you likewise 
account of many stumblingblocks the people 
have from their present preachers, whom they 
call curates, both as to their abrupt entry, and 
contrary their consent; and as to the light and 
unsober conversation (of the most part of them) 
wherever they come, as also their insolent, and 
unbeseeming carriage in pulpit : but I forbear in 
this, lest I trouble you with tediousness, there 
are so many instances of this sort; and it is 
needless, seeing they are so notour to all men in 
these bounds : only (to make you laugh) I must 
add one, before I proceed, which is certain. 
One of these called curates, on a certain Sabbath, 
inveighing against his people that the;» did not 
keep the kirk, he threatened them after this 
manner, " God nor I be hanged over the balk of 
that kirk ;" and at another time, " God nor I bu 



. fif ,„ lists of those from whom they were 

to uplift such and such sums. The 

gentlemen of the guard were commanded to 

take free quarters in the houses of all in their 

hanged over this pulpit, hut I shall gar you all 
3ome in from the highest to the lowest." By 
these things, you may easily guess if these men 
he tit to travel in the weighty work of the 
ministry, or that they can either gain love or 
authority among the people, for all the business 
that is made to bring them to subjection. Sir, 
I hope you will not question but I am a lover 
of his majesty's interest, and the country's good, 
having giving some proof of this in former times ; 
hut considering the carriage of these men, and 
of them who are employed at this time to bring 
the people to conformity, I am far mistaken if 
either the one or the other be fit instruments 
for persuading others to their duty either to 
God or man ; yea, I am apprehensive that the 
way which is taken, shall prove a mean of 
strengthening that people in their former prin- 
ciples, and rendering episcopacy, bishops, and 
such preachers, more hateful to them than ever 
before, rather than bring them to a cheerful 
submission ; and others who shall hear of the 
very deplorable case of this country, cannot but 
be induced both to compassionate them, and also 
grow in more dislike of the course now carried 
on. And to speak the truth, it seems, there 
could not have been a more expeditious way 
found out for weakening that cause of confor- 
mity, and strengthening that cause of those who 
now suffer; yea, I dare say, it hath done as 
much to this purpose, if not more, than all the 
preachings on the hills and in houses, by the 
casten out ministers. This people are weakened 
in their estates indeed, but confirmed in their 
opinion. It is palpable that the intended con- 
formity cannot be gained by such extreme 
dealing, but rather marred ; and will not the 
report of this rigid dealing, (which cannot be 
hid) have influence upon all those of their 
judgment, to alienate them the more from the 
course ? I confess, this consideration is like to 
have little weight with some covetous soldiers, 
(employed here) assuming to themselves an arbi- 
trary power to prey upon a desolate people for 
their own private gain : but I expect that judi- 
cious and unbiassed men, who tender the good 
of the country, and his majesty's interest therein, 
will lay this to heart, and take their best way to 
represent it to our rulers, for remedy in the 
matter, and moving their compassion toward a 
poor people, that have few to speak for them. 
Sir, I shall detain you no longer from reading 
this enclosed relation, but tendering my respects 
to your wife, I rest, 


Your humble servant. 

Follows that brief relation of this country's 
sufferings, which I promised you in my letter, 
wherein this is enclosed, in which you have set 
down, 1. The enumerate sums of money. 2. 
Some general aggravations. 8. Some particu- 
lar instances. 

1. The parish of Carsfairn, forty- 
nine families, in that called 
kirk-fines, has suffered the 
loss of , . L.4,864 17 4 

lists, till they had paid to the utmost farthing. 
With these severe orders, a new snare was 
added further to corrupt the country ; any 
who would take the oath of supremacy, and 


In the parish of Dairy, forty- 
three families, . . I 

In Balmaclellan, forty-nine 

In the parish of Balmaghie, 
nine families, 

In Tungland parish, out of 
two or three poor families, 
In Twynam parish, from 
some poor persons, 

In Borg parish, out of twenty 

In Girton parish, out of nine 
poor families, 

In Anwith parish, from some 
poor families, 

In Kirkpatrick-durham par- 
ish, out of thirty-four 
inconsiderable families, 

In Kirkmabreck parish, some 
few families, 

In Monygaff, three families, 

In Kirkcudbright, eighteen 

In Lochrutton parish, out of 
thirty-seven poor families, 
notwithstanding they want 
a minister 

In Troqueer parish, twelve 
poor families, 

In Kells parish, 

In Corsmichael parish, 

In Parton parish, from 
twenty-four families, 

In Irongray parish, forty- 
two families, 

9,577 6 


6,430 10 


425 11 


166 12 


81 4 

2,062 17 


525 10 


773 6 


2,235 16 











13 4 

13 4 

9 4 

18 8 

In the sheriffdom of Nithsdale, or 

1. In the town and parish of 

Dumfries, from fifty-one 
families, was exacted the 
sum of . . 4,617 15 4 

2. In the parish of Kirkmaho, 

from twenty poor families, 1,341 6 8 

3. In Dunscore parish, from 

fourteen families, . . 1,411 13 4 

4. In Glencairn parish, from 

families, . . 2,146 14 8 

The total of these sums extend to L. 5 1.575 IS 4 

Besides all these abovenamed sums, winch 
are instructed in every particular parish, 

1. There are six or seven parishes in the 
stewartry of Galloway, and fourteen in tbe sher- 
iffdom of Nithsdale, of whom I have received 
no particular account as yet, but you may judge 
the lion by his paw. 

2. Besides the sums abovenamed, it is to be 
considered, that the great expense of quartering 
is not received in the most part of the parishes 
abovenamed, which would make a great addition 
to the former sums; but it cannot well be 

8. Besides that which they have gotten out 


subscribe the declaration openly in any court, 
had the half of the fine remitted, as had 
been concerted last year; and such who had 
no latitude for those, must have the whole 
enacted with the utmost rigour. Through 
the west and south, multitudes were obliged 
to pay the whole, yea much more. Noble- 


already, there are several persons that have not 
got their fines, and others their cess-inoney, as 
yet paid; but is to be exacted. 

4. That several of the poor people (through 
fear) have given out divers times buds and bribes 
in money and other things, to some officers 
and soldiers, for keeping cess and quarter off 
them, which notwithstanding profited little or 

5. That all these forementioned sums are, 
by and attour all the fines, imposed by the state, 
which, within the stewartry of Galloway, upon 
ninety-one persons, extends to the sum of 
.£47,860 ; and in the sheriffdom of Nithsdale, 
upon forty-one persons, extend to .£29,200 ; 
which being laid together, the parliament fines 
within the stewartry of Galloway, and sheriff- 
dom of Nithsdale, extend to £77,J20; and that, 
besides the expenses of cess and quarter for 
the fines themselves, for several persons, was 
put to pay near as much more cess as their fines 
came to besides quarter. 

6. That by and attour all the foresaid losses, 
there are many families f whose sums are not 
here reckoned) in probability totally ruined, 
and many others scattered already; for instance, 
in Lochrutton, a little parish, I find to be reckon- 
ed to be above sixteen familes utterly broken. 
In Irongray parish, the most part of the families 
put from house-keeping already, the soldiers 
having violently taken away, both there and 
elsewhere, from several families, the thing they 
should have lived on, even to the leading away 
of their hay-stacks. I forbear to set down the 
rest of the broken and ruined families, until I 
can give you a more distinct account : only I 
can tell you in the general, that utter ruin, to 
the most part of the families in this country, is 
like to be the consequence of these grievous and 
intolerable impositions ; and also, to my certain 
knowledge, there are several gentlemen ■who 
formerly were well to live, that are now put 
from house-keeping, and forced to wander; yea, 
ofttime to be beholden to others for a night's 
lodging, the soldiers having possessed themselves 
in their houses, cattle, plenishing, barns, &c. 

7. Ordinarily, wherever they come to quarter 
they do not rest content with sufficiency, but 
set themselves to waste needlessly ; at some 
times send for sheep off the hill, and cast whole 
bulks of them to their hounds and ratches : also 
by treading and scattering corn and straw, they 
and their pedies at their pleasure, and usually 
saying, We came to destroy, and we shall destroy 

8. They have this for an ordinary use, that 
when they have eaten up the master or landlord, 
they fall next upon the poor tenants to eat them up 
also ; yea, though they were never so conformed 
to hearing, &c. whereof I could show many 
instances, which I cannot for shortness. Also 
in other places, when they have consumed the 


men, gentlemen, and commons, 
when the troopers came to their 
houses, if they had not the money, went 
presently and borrowed it, and gave it them : 
but this was not all, they must go to Edin- 
burgh, and report their discharge, and when 
there, satisfy the troopers over and above. 

tenant, they have fallen upon the landlord ; this 
they did in Kirkmahoe upon a gentleman, who 
(for ought I know) conforms all the length 
they press him to as yet. 

9. It is observed every where in that country, 
that these who have conformed, and are obedient 
to the laws from the beginning, and others who 
have conformed of late, do no less suffer than 
those who hold out to the last: yea, some in 
several parishes, who have given subjection to 
what is demanded, have suffered more than 
some who have given none, which has produced 
an universal discontent and outcry in this coun- 
try ; and many husbands here who yield obe- 
dience to the full length, are punished by fining, 
cess, and quarter, for their wives' not obedience ; 
and ye know, Sir, that is sad, for there are 
many wives who will not be commanded by 
their husbands in lesser things than this ; but I 
must tell you that this hath occasioned much 
contention, fire, and strife in families, and 
brought it to this height, that some wives are 
found to flee from their husbands, and seek a 
shelter elsewhere, and so the poor goodman is 
doubly punished for all his conformity. 

10. It is specially to be considered, that 
besides all which this country hath suffered 
hitherto, the soldiers are sent forth through the 
country again, and fine, cess, and quarter is 
imposed of new upon the same persons and fami- 
lies who were fined before, yea, upon some it is 
doubled and trebled. I have lately heard that 
some yeomen are fined in five hundred merks, 
besides, the gentlemen in six or seven hundred 
pounds. I cannot see what shall be tho fruit 
of these things, except utter ruin to their 
worldly estates. 

11. That all the papists that are in this 
country, none of them are troubled, except it be 
very few, and these inconsiderable persons, who 
are fined in some feckless thing for the fashion. 

12. Wherever the soldiers come to quarter, 
they ordinarily hinder, or else interrupt the wor- 
ship of God in families, by their threatenings 
ami blasphemous expressions ; yea, the poor 
people are so straitened that scarcely they have 
liberty to call on God in secret places, but they 
are punished by those men, and cruelly mocked, 
to the constant grief, vexation, and disquiet of 
those upon whom they are quartered. 

13. Notwithstanding of all these impositions 
upon that people, and aggravations of their 
sufferings above mentioned, yet the people are 
commanded to take a bond, wherein (besides all 
the particular obligations required in that bond) 
is contained an acknowledgment, that the com- 
mander of that party has dealt civilly and 
discreetly with them. 

The particular instances which follow in the 
autograph are not inserted, because they are 
pretty much evinced with those already printed 
in Naphtall. 


16fifi '^" s was ca ^' et ^ riding-monej' ; and 
sometimes the riding-money was as 
much as the fine itself to the common sort. 
No excuse was sustained, but the taking 
the foresaid oath, and the subscribing the 
declaration before the day prefixed in the 
proclamation. This few complied with, as 
contrary to their principles and conscience : 
so that the uplifting of these fines, as well as 
those for precise nonconformity, was un- 
doubtedly persecution for conscience' sake, as 
well as a most arbitrary and illegal imposition 
in its own nature. Some offered to abide a 
trial at law, as being free from all acts of 
rebellion, which, as we have heard, was the 
pretext of the imposing the fines, and to re- 
nounce all benefit by the king's indemnity. 
This seems indeed to be allowed in the act of 
parliament, but would not be received by the 
soldiers ; all must pay. Such who could 
neither entertain the troopers, nor command 
the money required of them by the act of 
fines, were straightway haled to prison, where 
not a few lay a considerable time at the king's 
charges: and so great was the poverty many 
were reduced to by such measures, that the 
troopers, when they met with a beggar in 
their way, would ask in a jest, if he were 
fined. Most part of the sums imposed by 
the parliament were fully exacted; and for 
them I refer the reader to the list given in 
the first book. I find discharges under Sir 
William Bruce's hand, for the payment of 
six hundred pounds by Alexander M'Tier 
merchant in Stranraer, and Patrick Ken- 
nedy late provost there, yet remaining, of 
the date of April 1666. And that the 
reader may see their form, I have insert a 
copy of Sir William's discharge to Walter 
Stuart in Linlithgow, a pious and good 
gentleman, father to the present Walter 
Stuart of Pardivin, from the original com- 
municated to me by the last named worthy 

" I Sir William Bruce of Balcaskie knight, 
clerk to the bills, and by the king's 
special warrant appointed his majesty's 
receiver of the fines imposed by the 
parliament assembled at Edinburgh the 
9th day of September, 1662 years, 
grant me by tliir presents to have re- 


ccived from Walter Stuart in Linlith- 
gow, the sum of six hundred pounds 
Scots money, and in complete payment 
of the second half; and in full and 
complete payment of his whole fine 
laid on him by the said parliament, and 
discharge him thereof: consenting thir 
presents, &c. In witness whereof I 
have subscribed thir presents at Edin- 
burgh the 5th day of March, 1666, 
before thir witneses, &c. 

" W. Pruce. 

" James Kennoway, witness, 

" Robert Stuart, witness." 

Vast were the sums exacted at this time ; 
and the collector of the parliamentary fines, 
though formerly a person of a broken fortune, 
came to buy an estate, and build a sumptu- 
ous house. Our managers thought to have 
divided these spoils among themselves; each 
party, when in power, looked on them as 
theirs ; first Middleton and his dependants, 
who imposed them, and then Lauderdale 
and his party, who uplifted them : never- 
theless, both missed their aim, and bishop 
Sharp outwitted them both ; and within a 
little, they were by the king's orders applied 
to the payment of the army, we shall hear, 
was raised at his instance. 

When things are thus ripening very fast 
towards confusions in the country, the pri- 
mate posts up to court, and must have his 
hand in bringing matters to an open rapture. 

• Some particulars of this visit of the primate 
to London, that seem to have been unknown to 
our author, are related by Rurnet, and arc loo 
characteristic to be passed over here. '• The 
truth is," he remarks, " the whole face of the 
government looked liker the proceedings of an 
inquisition than of legal courts; and yet Sharp 
was never satisfied. So lord Rothes and lie went 
up to court in the first year of the Dutch war. 
When they waited first on tin- king, Sharp put 
him in mind of what he had said at In- last 
parting, that if their matters went not well, 
none must be blamed for it but either th 
of Lauderdale, or of Rothes : ami now be came 
to tell his majesty that things were worse than 
ever, and he must do the rail of ilott 
justice to say. he had done his parti land 
Lauderdale was all on fire at this, but durst not 
give himself vent before the king. So he only 

desired that Sharp would cunie to particulars, 
and then he should know what he had to say. 

Sharp put that off in a general charge, and said 

he knew the pat ly so v, ell, that if they were not 


The high commission was now dissolved, 
and in room of that, some other method 
must be fallen upon to advance his odious 
designs. No way was now left, but that of 
violence, which was not disagreeable to his 
haughty and proud temper. Accordingly 
he proposeth a standing army in Scotland, 
to bear down presbyterians, and cut their 
throats, when many of them were now im- 
poverished as much as was possible : at 
least he hoped, this would force them to 
extremities, and then, under the colour of 
law, he would see his desire upon them- 
The king is prevailed upon to fall in with 
his proposal, and gives orders to levy an 
army for guarding the prelates, executing 
arbitrary commands, and suppressing the 
fanatics. Thomas Dalziel of Binns is made 
general, a man naturally rude and fierce, 
who had this heightened by his breeding 
and service in Muscovy, where he had seen 

supported by secret encouragement, they would 
have been long ago weary of the opposition they 
gave the government. The king had no mind to 
enter further into their complaints. So lord 
Rothes and he withdrew, and were observed to 
look very pleasantly upon one another as they 
went away. Lord Lauderdale told the king 
he was now accused to his face, but he would 
quickly let him see what a man Sharp was. 
So he obtained a message from the king to him, 
of which he himself was to be the bearer, 
requiring him to put his complaints in writing, 
and to come to particulars. He followed Sharp 
home, who received him with such a gayety 
as if he had given him no provocation. But 
lord Lauderdale was more solemn, and told him 
it was the king's pleasure that he should put 
the accusation with which he had charged him 
in writing. Sharp pretended he did not com- 
prehend his meaning. He answered, the matter 
was plain, he had accused him to the king, and 
he must either go through with it and make it 
out, otherwise he would charge him with 
leasing-making, and spoke in a terrible tone to 
him. Upon that, as he told me, Sharp fell a 
trembling and weeping ; he protested he meant 
no harm to him ; he was only sorry that his 
friends were upon all occasions pleading for 
favour to fanatics (that was become the term 
of reproach). Lord Lauderdale said that would 
not serve his turn : he was not answerable for 
his friends except when they acted by directions 
from him. Sharp offered to go presently with 
him to the king, and to clear the whole matter. 
Lord Lauderdale had no mind to break openly 
with him. So he accepted of this, and carried 
him to the king, where he retracted all he had 
said in so gross a manner, that the king said 
afterwards, lord Lauderdale was ill-natured to 
press it so heavily, and to force Sharp on giving 
himself the lie in such coarse terms. 

" This went to Sharp's heart ; so he made a 
proposal to fhe earl of Dumfries, who was a 


little but the utmost tyranny and .„„_ 
slavery.* Wm. Drummond, brother 
to the lord Madertie, a person some more 
polite, and yet abundantly qualified for the 
work in hand, being many years in the 
Muscovite service with the former, was 
made lieutenant-general. Two regiments of 
foot, and six troops of horse, are raised. 
The first is given to the general, the 
other to the lord Newburgh ; the troops 
are bestowed on duke Hamilton, earls of 
Annandale, Airly, Kincardine, and others. 
Those, with the guards, and the earl of 
Linlithgow's regiment, made up about three 
thousand foot, and eight troops of horse, 
a sufficient number to serve the prelates' 
violent designs. All were ordered to obey 
the general, without asking questions : and 
this army is to be maintained from the fines 
collected, and to be collected, and the 
general is to count with the exchequer for 

great friend of the lord Mitldleton's, to try if a 
reconciliation could be made between him and 
the earl of Rothes, and if he would be content 
to come into the government under lord Rothes. 
Lord Dumfries went into Kent, where the 
lord Middleton was then employed in a military 
command on the. account of the war, and he 
had Sharp's proposition laid before him. The 
earl of Middleton gave lord Dumfries power 
to treat in his name, but said, he knew Sharp 
too well to regard any thing that came from 
him. Before lord Dumfries came back, Sharp 
had tried lord Rothes, but found he would 
not meddle in it ; and they both understood 
that the earl of Clarendon's interest was 
declining, and that the king was like to change 
his measures. So when lord Dumfries came 
back to give Sharp an account of his negotiation, 
he seemed surprised, and denied he had given 
him any such commission. This enraged the 
earl of Dumfries, so that he published the thing 
in all companies; among others, he told it very 
particularly to myself." — Burnet's History of 
his Own Times, pp. 311, 312. 

The above is an exceedingly graphic descrip- 
tion of these parasitical plunderers, who were 
alike faithless to God, to their king, and to one 
another. — Ed. 

* This barbarous tool of tyranny, so much 
celebrated for his loyalty, was descended from 
the family of Carnwath, and born about the 
year 1599. He appears to have been bred to the 
military profession, and was a staunch adherent 
to Charles I. for whom he commanded at 
Carriekfergus, in Ireland, and was there taken 
prisoner in the year 1650. The following year 
he was made prisoner at the battle of Worcester, 
and carried to the Tower, whence he made his 
escape and fled to the continent, after which his 
estates were forfeited, and he was exempted from 
the general act of indemnity. He was recom- 
mended by Charles II. for his eminent courage 
and fidelity to the king of Poland, and by the 



lGff ever y f art hmg °f them. Thus the 
scheme is laid above. 

The war with the United Provinces con- 
tinuing, as likewise with France and Den- 
mark, upon the 8th of June the council 
issue a proclamation for a fast ; which, being 
much in the same form we have already seen, 
I do not insert. It was penned by the 
bishops, and has this remarkable turn in it. 
" We having great and eminent experience 
of the assistance of Almighty God, whose 
protection and favour, after keeping a solemn 
day of fasting and humiliation, we have 
implored, and upon this great occasion, find- 
ing that the renewing of the same may move 
Almighty God to continue his favour." 
Which some at that time thought too great 
a compliment paid to the last fast, consider- 
ing the nature of the victory obtained, as 
also to this, which was observed the second 
Wednesday of July, in the south, and the 
third Wednesday, in the north side of the 
water of Esk. 

At the same diet the council are impor- 
tuned by the bishops, to do something further 
in order to corrupt the youth. Accordingly 
I find this act in their books. 

" The lords of his majesty's privy council 
considering, that before the beginning of the 

Czar of Muscovy, under whose banner be fought 
against the Turks and Tartars, was promoted 
to the rank of general. After the restoration, 
he returned to his native country, bringing 
along with him honourable testimonials of 
bravery and good conduct in his Turkish and 
Tartar campaigns, and was thus early selected 
to enforce the sanguinary decrees by which it 
was attempted to establish prelacy in Scotland. 
He was a man eminently qualified for the 
service, being relentless, and cruel in the highest 
degree ; abundant instances of which the reader 
will meet with in the course of this history. 
The following is a portrait of this beau ideal of 
modern toryism, drawn evidently by one who 
was his admirer: — 

" He was bred up very hardy from his youth, 
both in diet and clothing. lie never wore 
boots, nor above one coat, which was close to 
his body, with close sleeves like those we call 
jockey coats. He never wore a peruke, nor did 
he shave his beard since the murder of king 
Charles I. In my time his head was bald, 
which he covered only with a beaver bat, the 
brim of which was not above three inches broad. 
His braid was white and bushy, and yet 
reached down almost to bis girdle. He usually 
went to London once or twice a year, and then 
only to kiss the king's band, who bad a great 
esteem for liis worth and valour. His unusual 
dreas ind figure when he was in London, never 


late troubles within this kingdom, no scholars 
were admitted to colleges or universities to 
receive degrees, or the name of the master 
of arts, till they first took the oath of 
allegiance, and that the practice of that 
necessary duty, hath not for many years 
been in observance ; yet it may be of most 
dangerous consequence, that any should be 
admitted to receive degrees, whereby they 
may be fitted and qualified to serve in church 
or state, except they be such as are content 
to give evidence of their loyalty : wherefore 
the said lords have discharged, and hereby 
do discharge all masters, regents, and teach- 
ers in universities and colleges, to laureate, 
or admit to degrees, any of their scholars, 
till first they take the oath of allegiance : 
and recommend it to the archbishops and 
bishops to see this act receive due obedience 
within their respective bounds." Remarks 
have been made formerly upon acts of this 
nature; and I shall only now add, that I 
can find no instances of this oath's being 
imposed in Scotland, but when prelacy was 
in the church. 

Upon this encroachment upon universities, 
I may add another upon the royal burghs. 
Upon the 13th September, the council send 
a missive to the town of Ayr, signifying, it 

failed to draw after him a great crowd of boys 
and other young people, who constantly attended 
at his lodgings, and followed him with huzzas 
as he went to court or returned from it. As he 
was a man of humour, he would always thank 
them for their civilities when he left them 
at the door to go in to the king, and would 
let them know exactly at what hour he intended 
to come out again and return to his lodgings. 
When the king walked in the park, attended 
by some of his courtiers, and Dalziel in his 
company, the same crowds would always be 
after him, showing their admiration of his 
beard and dress, so that the king could hardly 
pass on for the crowd, upon which his majesty 
bid the devil take Dalziel for bringing such 
a rabble of boys together to have their guts 
squeezed out, while they gazed at bis long beard 
and antic habit, requesting him at the same 
time (as Dalziel used to express it', to shave and 
dress like other Christians, to keep the pool 
bairns out of danger. All this could never 
prevail on him to part with bis beard ; but yii, 
in compliance to his majesty, be went once 'o 
court in tin- very height of the fashion, but as 
soon as the king and those about him had 
laughed sufficiently at the strange figure he 
inailr, lie resumed liis olil lialnt, to the great joy 
of the boys, who had not discovered him in 
his fashionable dress." — Kirkton's History ot 
the Church, &c. twte, p. '220'.— Ed. 


is their pleasure, that provost Cuningham 
be continued this year also, as he was, by 
their orders, the last ; and it is signified to 
the town, that obedience is expected. The 
letter is signed St. Andrews, who now 
almost always presides in the council. The 
royal burghs have likewise a letter sent to 
each of them, ordering them to send in to 
the clerk of council the declaration appointed 
by parliament, signed by all the members of 
their town-council and magistrates, since 
the last returns were made : and letters of 
the same nature are writ to the sheriffs and 
justices of the peace in each shire. 

A letter is sent down from the king to the 
council, dated October 1st, no question pro- 
cured by bishop Sharp, if not formed by him. 
It deserves a room here, and it is as follows. 

" Right trusty, &c. We greet you well. 
Upon complaint made to us of the great 
disorders in the church, and of the insolent 
keeping of unlawful conventicles in that our 
kingdom ; after advice from these to whom 
we thought fit to refer the consideration of 
these growing evils, and fitting remedies to 
them, we think now it necessary to require 
you, to take special care that the laws 
and acts of state be vigorously prosecuted 
against all contraveners, and with greatest 
severity against those who are known to be 
most pernicious adversaries to the peace of 
the church. As also, that by act of council 
you enjoin, that all heritors and landlords 
be obliged, and made answerable for their 
tenants and servants living orderly, and not 
withdrawing from ordinances, and not keep- 
ing conventicles ; and that for that end, 
they be empowered and required to remove 
them, if need be, and that a remedy may be 
provided where they have tacks, or are 
rentallers ; and magistrates of burghs to be 
answerable for their inhabitants, who reside 
within their respective liberties for the space 
of six months and upwards. So expecting 
an account of this from you, we bid you 
heartily farewell. Whitehall, October 1st, 
1666. " Lauderdale." 

Upon this is bottomed the rigorous pro- 
clamation published the 1 1th of the same 
month, entitled, " proclamation for procur- 
ing obedience to ecclesiastical authority," 


which I have insert,* as being un- 
reasonable in the statutory part of 
it, and what was a pattern for most part 
of their acts and proclamations afterwards. 


* Proclamation for procuring obedience to eccle- 
siastical authority, October l\th, 1666. 
Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith, to macers of our privy 

council, and messengers at arms, our sheriffs in. 
that part, conjunctly and severally, specially 
constitute, greeting : Forasmuch as by the first 
act of the third session of our late parliament, 
entitled, Act against separation and disobedience 
to ecclesiastical authority, it is recommended to 
the lords of our privy council to take speedy and 
effectual course that the said act, enjoining obe- 
dience to the government of the church, as it is 
now settled by law, receive due and ready obe- 
dience from all subjects ; with power to them to 
decern and inflict such censures, penalties, and 
corporal punishments as they shall think fit, 
upon the contraveners, and direct all execution 
necessary, for making the same effectual, and to do 
every other thing needful for procuring obedience 
to the said act, and putting the same to punctual 
execution, conform to the tenor and intent 
thereof. And by divers other acts of parliament 
and council, made against papists, quakers, and 
other disaffected persons, they are commanded, 
under great pains and penalties, to frequent the 
ordinances, in hearing sermon, and partaking of 
the sacraments, and all other acts of public 
worship, at their own parish churches, and not 
to keep any private meetings or conventicles : 
nevertheless, the said acts have not received that 
vigorous execution and obedience in some parts 
of the kingdom, which might have been given, 
if masters of families, heritors, and landlords 
in the country, and magistrates within burghs 
royal, had been careful and zealous in their 
stations in procuring obedience from their ser- 
vants, tenants, and inhabitants, over whom they 
have power and jurisdiction : so that it is more 
than high time to prevent the increase and 
spreading of these disorders, which, by evil 
example, might poison and infect these that are 
yet sound in their principles, and well affected 
to our government. Our will is herefore, and 
we charge you straitly, and command, that 
incontinent, these our letters seen, ye pass to 
the market-cross of Edinburgh, remanent head 
burghs of the several shires and other places 
needful, and there, by open proclamation, in our 
name and authority, command and charge all 
masters of families that they cause their domes- 
tic servants, grieves, chamberlains, and others 
entertained by them, to give obedience to our 
laws foresaid, and acts of council ; and particu- 
larly that they frequent the public worship and 
ordinances at their own parish churches, and 
participate of the sacraments, and abstain from 
all conventicles and private meetings, and that 
they retain none in their service but such as 
they will be answerable for ; and in case of their 
disobedience, that they remove them out of their 
service immediately after intimation thereof by 
the minister of the parish : as also, that all heri- 
tors, landlords, and liferenters, who have granted 
any tacks or rentals to their tenants, which are 
yet standing unexpired, cause their tenants and 
rentallers give sufficient bond and surety for 


,„„„ and a great foundation of violent 
IGoo. . 

persecution ; yea, it was so far 

beyond the council's power, that after- 
wards it was found needful, ex post 
facto, to confirm it by a parliamentary au- 
thority. In the narrative it is alleged, the 
parliament, by their act against separation, 
give the council power to do all in this 
proclamation ; but it will be evident, by a 
comparison of the two, the council go 
beyond the power committed to them. All 
masters are charged to see that their servants 
give obedience to all acts anent conformity, 
and keep none in their service but such as 
do so ; all heritors, &c. are to see to their 
tenants' conformity, and their abstaining 
from conventicles, and cause them give bond 
for this effect ; and in case of refusal, raise 
letters of horning against them, and the 
escheats thereby falling into the king's hand, 
are given to the heritors ; and if the tenants 
who refuse be moveable, that they be eject- 
ed, and no new tacks be given, without 
security for conformity. Magistrates of 
burghs are to take the same method with 
inhabitants j and, in case of contravention, 

obeying the said acts of parliament and council, 
and specially for frequenting public worship and 
ordinances, as said is, and abstaining from pri- 
vate meetings ; and if need be, that they raise 
letters under the signet of our privy council, and 
charge them, for that effect, upon six days, and 
in case of disobedience, to denounce them to our 
horn, and registrate the same ; for which end, 
warrant is given to direct letters in their name 
against all and sundry their tenants and rental- 
lers : and we do declare, that we will give and 
bestow the escheats falling to us by the said 
hornings, upon the landlords and setters of these 
tacks and rentals, in so far as may be extended 
thereto ; recommending hereby to our treasurer- 
principal, and treasurer-depute, and others of 
our exchequer, to grant the same accordingly: 
and in case the tenants be removable, and refuse 
to give obedience, that they warn and pursue 
them to remove, and obtain decreets of ejection 
against them ; and that no heritor, landlord, or 
Hferenter, set their lands hereafter to any person, 
by word or writ, but to such as they will be 
answerable for, as said ; and that they take sure- 
ty from them by provisions and ohligements to 
he insert in their tacks, or otherwise by bond 
apart, in case there be no writ, that the said 
tacksmen, rentallers, and all others their hinds. 
Cottars, and servants, who shall live under them 
upon the said lands, shall give obedience in man- 
ner foresaid ; otherwise that their tacks, rentals, 
and whole interest, right and possession shall In- 
void and expire, ipso facto, as if they had never j 
been granted, and that without any declarator 


masters, heritors, and magistrates are made 
liable to all the penalties of the contraveners. 
The unreasonable hardships in all this need 
not be exposed j it is an excellent footing 
for a standing army to act upon. 

Besides the fines which were anticipated 
for other uses, and pretty much pocketed 
before they came to the general's hands, it 
was found necessary new burdens should be 
laid upon the country for the support of 
the army, in executing this and the former 
severe acts obliging to conformity : and so 
I find, November 8th, this year, a proclama- 
tion issued out for calling a convention of 
estates, to raise money for maintaining the 
soldiers in the defence of the kingdom. 
Their sitting was, for some time, prevented 
by the confusions which just now fell in. 

By all these impositions, encroachments, 
and terrible exactions, the spirits of many 
came to be imbittered, and the common 
people turned almost desperate. They had 
been imposed upon dreadfully as to their 
religious concerns ; and the civil government 
now join issue with the bishops and their 
underlines. Scotsmen have ever been im- 

or further process, and then as now, and now as 
then, that they shall renounce all light that 
they shall have thereto, and shall remove them- 
selves without any warning ; and in case of fail- 
ure, the landlords and others are to charge and 
denounce them in manner foresaid. As like- 
wise, that all magistrates of royal burghs take 
special care and notice, and be answerable, that 
their burgesses and inhabitants be obedient to 
the foresaid acts of parliament and council, and 
that they cause charge such of them, as they 
shall think fit, and are suspected, to give bond 
and surety, as said is; and for the magistrates' 
own relief, in case they contravene, and if they 
fail, to denounce them in manner foresaid : 
with certification, that all masters of families, 
landlords, and magistrates of burghs, who shall 
not give punctual obedience in manner above 
written, that they shall be liable to the same 
pains and penalties due to the contraveners, but 
prejudice always of proceeding against the con- 
traveners themselves, and inflicting the Baid 
pains, and all other pains contained in any act of 
parliament or council heretofore made against 
papists, (juakers, and persons disobedient : certi- 
fying also all concerned, that the lords of our 
privy council will not only take special care to 
secure the public peace, but also to discover 
all secret attempts and designs to disturb the 
same, and to punish all persona that shall be 

found guilty, according jto the quality of their 
offence. And ordains these presents to bo 

printed and published, that none pretend igno- 

CHAP. I.] 

patient under tyranny, and the wonder is 
not great, that after so much patience, less 
than they were under did drive them to 
extremities. The common people being glad 
of any thing that looked like a present 
respite, are soon moved to undertake, though 
many times their undertakings are as much 
unconstant as they are ill concerted. How- 
ever, they wanted not provocation at this 
time : as the religious rights of the church 
are overturned, so the civil liberties of 
Scotland are like to be well looked to 
be a standing army in time of peace ! and 
the best part of the kingdom oppressed in 
order to maintain it. Our reformation is 
broke in upon, and liberty and property taken 
away. The more knowing and prudent were 
silent in this evil time, and yet under the 
greatest fears and apprehensions what would 
be the end of those things. The common 
people were disposed to take any probable 
course to get from under their sad burdens ; 
and yet all this year, things went on very 
smoothly till November, when fortuitously, 
and without any concert, the gathering of 
the oppressed country began, which made 
so great a noise, and afterwards proved a 
handle of heightening their miseries. The 
account of this I come to give in the next 

A short historical account of the beginnings 
and progress of the rising in Galloway, 
and its dissipating at Pentland, November, 

This rising being so unexpected and sudden, 
and no journals of it kept, any accounts of 
it that can be now given, must be very 
lame : what follows is mostly taken from a 
narrative a person of good sense and probity 
gathered about this time, from conversa- 
tion with some of the most knowing of 
this small handful of people ; and the coun- 
cil registers, and other papers come to my 

Sir James Turner and his soldiers, con- 
tinued to make terrible havoc in the west, 
and especially the south. That country was 
made a wilderness, and well nigh ruined ; a 



great many families were scattered, 

and not only the common people, 

but persons of better note, gentlemen and 
others, were forced to flee their houses, and 
lurk in mosses and mountains, and other 
coverts, of many of whom the world was 
not worthy ! these had nothing like resisting 
the king's forces in view, but were silently 
groaning under their oppressions, till a very 
small matter kindled this fire, and an un- 
foreseen accident gave a beginning to this 

Upon Tuesday, November 13th, 1666, 
four countrymen, after great hardships, and 
long fasting in their wanderings, came to the 
small country village of Dairy in Galloway, 
to get a little refreshment :* upon the high 
way, a little from that place, they accident- 
ally met with three or four soldiers, driving 
before them a company of people, neighbours 
to a poor old man in that place, who had 
fled from his own house himself, in order to 
oblige them to thrash out the poor man's 
corns, that of them they might make money 
to satisfy for his church fines, as they were 
now termed. This troubled the four honest 
men very much, yet they passed by the 
soldiers, and came to the house they design- 
ed. When there they are taking a little 
refreshment, information is brought them, 
that the soldiers had seized the poor old 
man, brought him to his house, and were 
going to strip him naked, and set him upon 
a red hot gridiron upon which bread used 
to be baked, and were using unheard of 
torture and barbarities toward him. Where- 
upon they resolve to do what in them lay, 
to relieve the poor man their fellow-sufferer; 
and presently come to the house, and ear- 
nestly entreated the soldiers to let him go, 
and desist from their severities. Two of 
the soldiers were with the man himself, and 
refused the countrymen's desire, and some 
high words passed betwixt them : upon the 
hearing of which, the other two rush out of 
another room where they were, with drawn 
swords, and make at the countrymen, and 
had almost killed two of them. Thereupon 

• One of these was M'Lellan of Barscob, 
afterwards forfeited, who the other three were 
we have not discovered. — Ed. 


]666 one of them discharged his pistol, 
J ' loaden, as I am told, with tobacco- 
pipe, all the ball they had, and hurt one 
of the soldiers. This quickly made the 
rest yield, and the countrymen disarmed 
them, and made them prisoners; and the 
poor old man is happily delivered. 

Now the countrymen are engaged, and in 
as great hazard as they could well be. They 
knew they would be reckoned rebels, and 
therefore resolve to go through with it, and 
stand to their own defence the best way 
they might. There were about a dozen of 
soldiers, in another place of the same parish 
of Dairy, about the same work of oppressing 
the people for their church-fines : lest these 
should come and destroy them, they resolve 
to prevent them; and that night seven or 
eight more country people join the first four, 
and to-morrow morning early, they went 
and surprised the party of soldiers. All of 
them quietly rendered their arms, except 
one, who making resistance, was killed. 

By this time they might be assured of 
very terrible reprisals, and all the revenge 
Sir James Turner was capable to make, who 
was now at Dumfries, some sixteen or 
eighteen miles distant: therefore the laird of 
Barscob, and some other gentlemen near by, 
now joined with the countrymen, knowing 
the whole country would be made equally 
guilty, and perfectly destroyed, resolve to 
be beforehand with Sir James; and gather 
together about fifty horse, and a few foot, 
and, without any loss of time, upon Thurs- 
day, November 15th, march straight to Dum- 
fries. There they surprise Sir James Turner, 
make him prisoner, and disarm all his 
soldiers, without doing hurt to any of them, 
save one, who, upon his violent resistance, 
was wounded. When this was done, in 
their abundant loyalty they went to the 
cross of Dumfries, and publicly drank the 
king's health, and prosperity to his govern- 
ment; for which they had very indifferent 
thanks. Such was the beginning of this 
insurrection, an occasional tumult upon a 
sudden fray, never thought of till it began. 
I am told, the person who seized Sir James 
was Andrew Gray, merchant in Edinburgh, 
accidentally in the country at this time 
about his business : he left them very soon, 


as did many others;* yet so many of them 
kept together with Sir James their prisoner, 
as were the beginnings of the little army 
which was a gathering. Galloway had suf- 
fered most, and the oppression there was the 
beginning of the quarrel ; yet, while they 
continued there, their numbers were very 
small, not exceeding three hundred men. 
Indeed divers worthy gentlemen and heritors 
joined them. 

* This Mr. Andrew Gray, according to Mr. 
Andrew Symson, minister of the parish of 
Kirkinuer, as reported by Kirkpatrick Sharpe, 
Esq. in a note to Kirkton's History of the 
Church of Scotland, " retired with the money 
and baggage he had got at Dumfries so quietly, 
that he was never seen by any of his own party 
after that." Kirkton's History, Note, p. 232. 
Burnet states, that " there was considerable cash 
in his [Sir J. Turner's] hands, partly for the 
pay of his men, partly ot the fines which he had 
raised in the country that was seized ; but he to 
whom they trusted the keeping of it ran away 
with it." History of his Own Times, vol. i. 
p. 342. These statements, however, seem to be 
without foundation. Andrew Gray met with, 
and held a conversation with Col. Wallace, on the 
Monday after having deserted his party, " and 
though Wallace," says he, "perceived that An- 
drew had come off in a pet, he gives not the 
smallest hint that he had been guilty of any 
unfair dealing." We also find him after this an 
exile at Newcastle, in company of a Dumber of 
his fellow sufferers, and sharing along with 
them the bounty of Mr. William Witch, who 
had been in the rising at Pentland, though not 
at Dumfries, and must have known it, had any 
such circumstance as the above taken place.— 
Memoirs of Mr. William Veitch, and Notices 
of the Rising at Pentland, by Col. Wallace, 
edited by Dr. Al'Crie, pp. 49, 391. 

Mr. John Blackader, who has given a very 
minute detail of the seizure of Sir James Turner, 
says, " a party was sent up to search his rooms, 
and bring down his papers and trunks which 
were much emptied, having sent the money he 
had exacted in oppression to Glasgow before, 
as I heard say, in some loads." From all the 
circumstances of the case, we think it pretty 
evident, that Gray took offence at being pre- 
vented by Neilson of Corsack from shooting 
Sir James Turner, and from the moderation ni 
its commencement, augured an unhappy con- 
clusion to the enterprise which he did not choose 
to witness. Indeed, after the party had demon- 
strated the extent of their charity by giving 
quarter to Sir James Turner, and the depth ot 
their loyalty by drinking the health of king 
Charles at the cross of Dumfries, we do not see, 
acting with consistency and common sense, any 
thing that remained for them to do, but each to 
make the best of his way home, and to pay wh.:t 
fines might be imposed upon him, or to surrender 
hi.^ life, should it lie required, with what grace 
he could, lor he was evidently not yel prepared 
lor that desperate resistance, nor armed with 
that immovable daring which is necessary for 
bursting the chains of slavery, and breaking the 
iron rod of the oppressor. — /'</. 


By the council-records I find, that upon 
November 16th appeared before them at 
Edinburgh, Steven Irvine, bailie of Dumfries, 
and gave information of " an insurrection by 
a considerable number of armed men ; and 

declared he saw Neilson of Corsack, 

M'Lellan ofBarscob, Mr. Alexander Robert- 
son a minister's son, M'Cartney of 

Blaiket, and James Callum, glover in Dum- 
fries." This surprising account put the 
bishops, and managers at Edinburgh into a 
terrible fright; and an express is sent up 
to court in all haste. The commissioner 
Rothes took journey to London, to receive 
his instructions with relation to the conven- 
tion lately indicted to meet at Edinburgh, a 
day or two before the countrymen's attempt 
at Dairy. The council's flying packet reach- 
ed the king before him. When the earl had 
waited upon the king, and received from his 
majesty the account of what the council 
termed a most horrid conspiracy, he was 
perfectly stunned, and could scarce credit it. 

Jointly with this express to court, the 
council writes letters to the earls of Annan- 
dale, Galloway, Kilmarnock, Glencairn, Cas- 
sils, and Lothian, the lords Drumlanerk, 
and Newbottle, and Sir Gilbert Eliot, signify- 
ing that upon information of a rising in arms, 
in or near the places they were concerned 
in, they were to order the king's forces to 
march towards the rising ; and in the mean- 
rime they expect they will do all they can to 
maintain the peace, and concur with, and 
support the forces, when they come." Signed, 
" St. Andrews." — Next day, the council 
meet again, and order general Dalziel, with 
as many of the forces as he can, to march 
to Glasgow, and from thence to the place at 
which he shall hear the insurrection is come 
to any head. And meanwhile, the guards 
of the town of Edinburgh are doubled, and 
the names of all the lodgers are ordered to 
be immediately given up. Likewise they 
write a letter to the commissioner, giving 
an account of the rebellion. I have inserted 
it from the registers, in a note.* The better 

* Councils letter to the commissioner, November 
llth, 1666. 
May it please your grace, 
The lords of his majesty's privy council, hav- 
ing received information of some risings, and 



yet to secure the metropolis, upon 
the 19th of November, the council 
make this act. " Considering the necessity 
of securing the town of Edinburgh, from all 

appearances of disorders in Kirkcudbright and, 
other places adjacent, have thought it their duty 
to give his majesty timous notice thereof, and 
that orders are given for suppressing of the same, 
which they do hereby offer to your grace to be 
presented to his majesty. Yesternight one of 
the bailies of Dumfries came hither, and inform- 
ed, that on Thursday last, towards the break of 
day, about fourscore of horses in arms, and also 
many foot, entered the town of Dumfries, and 
having about one hundred and fifty foot without 
the town, did set guards to the magistrates' 
houses, and invaded the house where Sir James 
Turner was, seized upon his person, carried him 
from his bed to the streets, and through the 
town, and at last carried him away with them. 
The bailie having seen this, came immediately 
hither to give us notice : he says, there are no 
persons of any quality among them, but that 
they give out themselves that Gilbert Ker is 
there. This morning we have received further 
notice of the gatherings of some people in these 
places, which we are very hopeful will soon 
vanish, or speedily be supprest. Yet we have 
thought it our duty, in discharge of our trust 
we have from his majesty, to apply his majesty's 
authority for the speedy suppressing of the 
same, as the beginning of a most desperate 
rebellion ; and thereupon have given orders to 
the lieutenant-general of his majesty's forces, for 
marching presently against them, as will more 
fully appear to your grace by the order itself, 
the copy whereof is herein enclosed. Orders 
are also sent to persons of greatest interest in 
these countries, to be assisting in this affair ; of 
which orders there is a copy also enclosed. This 
being all the information we have yet gotten, we 
could do no more at present; for the forces they 
are to march the morrow morning : but, accord- 
ing as -we shall receive further intelligence, 
we shall not be wanting in the discharge of 
our duty for the suppressing thir rebels, and 
securing the peace. And, upon this occasion, 
the council having had their thoughts upon the 
fittest means for securing the peace, it is their 
unanimous judgment, that it is most necessary for 
that end, that the heritors of the several coun- 
tries, especially of the southern and western 
shires, and such other as his majesty's council 
shall think fit, be presently required to sign the 
declaration concerning the covenant, and that 
such as shall delay or refuse, be secured and 
looked upon as enemies to his majesty's author- 
ity and government : as this will be a ready 
mean to discover who are well or ill affected 
to his majesty, so without it, we conceive, 
neither the public peace nor his majesty's gov- 
ernment can be well secured : — 

We rest your grace's hamble servants, 
St. Andrews, John Gilmour, 
Montrose, A. Primrose, . 

Eglinton, Jo. Nisbet, 

Dumfries, J. Lockhart, 

Newburgh, Hume, 

Sinclair, Ch. Maitland, 

Halkerton, Wauchof, 
Ballenden, Sir R. Murra- 




and see that it be executed with all care. 
This proclamation contains no promise of 
indemnity in it, upon laying down of arms, 

attempts of rebellious persons, or- 
dain the magistrates of Edinburgh, 
Canongate, and Leith, and other places 
within their liberties, to cause the officers 
of the several companies enroll all the sol- 
diers under their command, and all of them, 
officers and soldiers, to give their oath to be 
true and faithful to the king, and that they 
shall defend his authority, and maintain the 
same against this insurrection and rebellion, 
and all others, to the hazard of their lives and 
fortunes: and if any refuse, that they be 
presently disarmed, their persons secured, and 
the council acquainted with their names." 
And as to the country round the place where 
the rising was, the council again write to the 
earl of Annandale,lord Drumlanerk, and sev- 
eral others, " empowering them to convocate 
their followers, and with them to preserve 
the peace of the country, and to attack the 
rebels." Likewise, upon the other side, 
they send letters to Fife, directed to the earl 
of Weems, lords Newark, Melvil, and Bur- 
leigh, " to come in with their friends and 
followers, with horses and arms, to defend 
the town of Edinburgh, that so the king's 
authority may be defended from rebellious 
and disaffected persons now in arms." Sign- 
ed, " St. Andrews." — In the commissioner's 
absence it fell to the primate to preside in 
council ; and being now a time of war several 
of the lords grumbled very much, and spared 
not to say openly with oaths, " Have we 
none in Scotland to give orders at such a 
juncture, but a priest ?" 

Upon the 21st they issue forth a procla- 
mation against the rebels in arms in the 
west. It is inserted at the foot of the 
page,* and order the general to publish it, 

* Proclamation against the rebels In arms, 
November 2\st, 1666. 
Charles, &c. to all and sundry our good sub- 
jects, greeting : whereas by the clear and express 
laws and acts of parliament of this kingdom, it 
is declared to be high treason for the subjects of 
the same, or any number of them, more or less, 
upon any ground or pretext whatsoever, to rise 
or continue in arms, without our special author- 
ity and approbation ; and nevertheless, a party 
of disloyal persons, disaffected to our government 
and laws, who have formerly tasted of our 
royal bounty and clemency, whenunto they 
owe their lives and fortunes, having forfeited 
the same by their former rebellious practices, 
under the cloak of religion, the ordinary colour 
and pretext of rebellion, have now again risen 

in arms, within the stewartryof Kirkcudbright, 
shires of Galloway and Ayr, and other western 
shires; and having in a hostile way entered 
within the town of Dumfries, has there, and in 
other places of the country, seized upon the per- 
sons of divers of our good subjects, has plun- 
dered and robbed them, and others of their 
horses, arms, and other goods, and has done and 
committed many outrageous and treasonable 
deeds and attempts against our authority, and 
against and upon our royal subjects. And we, 
out of our royal tenderness for the peace and 
quiet of this our ancient kingdom, being careful 
to repress the said rebellion, and that simple 
people be not ensnared by the said rebels and 
their emissaries, and involved in their rebel- 
lion ; and to take off all pretence of ignorance or 
excuse, do therefore, with advice of the lords of 
our privy council, declare the said insurrection 
to be an open, manifest, and horrid rebellion, 
and high treason ; and that the authors and 
actors in the same, and their adherents, are and 
ought to be pursued as profest and declared 
traitors to us : and do hereby command and 
charge all persons, who are in arms against, or 
without our warrant and authority, to desist 
from their rebellion, and to lay down their arms, 
and to render and present their persons to ths 
lieutenant-general of our forces, or some others 
of our officers or magistrates, within twenty- 
four hours after publication hereof: with certi- 
fication that if they continue in their rebellion 
after the said time, they shall be holden and 
proceeded against as incorrigible and desperate 
traitors, and that they shall be incapable of 
mercy and pardon. And we do discharge and 
command all our subjects, that no person 
presume to aid, assist, harbour, reset, or any 
way supply the said rebels, or any of them, 
under the pain of treason ; and that they do not 
keep correspondence, or intercommune with 
them, without warrant of our said lieutenant- 
general, under the pain foresaid : and we do 
expect in this juncture, and do require and com- 
mand all our subjects, to be assisting to our said 
lieutenant-general, under the pain foresaid, and 
being required by him, or others having author- 
ity from him to that effect, to rise in arms with 
all their power, and to join and concur with 
them for suppressing the said rebels, under the 
pain of treason, if they refuse or disobey- And 
further, we do strictly enjoin and command all 
masters of families, heritors, and other landlords, 
that they be careful and vigilant that their child- 
ren, servants, and domestics, and their tenants and 
others under their power, do not break out and 
join with the said rebels; certifying them, if they 
be found negligent in their duty, or otherwise 
culpable in that behalf, they shall be looked upon, 
anil severely punished) as disaffected persons, 
and favouring and complying with rebels. And 
hereby we give warrant and command to our 
Lyon, king at arms, and his brethren] heralds, 
pursuivants, maeers, or messengers at arms, to 
pass to the market-cross of Edinburgh, and other 
places needful, and make publication hereof, 

that none pretend ignorance. Given under 
our signet! at Edinburgh, the twenty-one day 
of November, and of our reign the eighteenth 
year. Subscribed ut teaerunt. 




CHAP. I.] 

nor any encouragement to people to do so, 
as is usual in such cases. Whether this 
proceeded from haste, or from the cruel dis- 
position and designs of their president, I am 
not to determine : but it is evident enough, 
this was upon the matter to command the 
people to come to the scaffold, and to 
require them to submit to the severities of 
the prelates, who were the fountain of all 
their miseries, and to subject to the cruelty 
of the army, whom they had affronted : and 
such a proclamation could have little other 
effect, but to imbolden the poor men, and 
let them see they must either go through 
what they had begun, or die. Twenty-four 
hours after the date of the proclamation are 
only allowed to them to submit, which was 
too short a time for its reaching Galloway ; 
and I think the country people were scarce 
come to Ayrshire as yet. It is not improb- 
able there were views in this extraordinary 
proclamation ; and whether it was afterwards 
improven by the primate, for justifying his 
severities on the persons who were taken 
prisoners, I know not : but Sir George 
Mackenzie would from this palliate the 
execution of those good men, after quarter 
given by those who took them. But the 
terms given posterior to this proclamation, 
by such who had the king's power lodged accounts came from Dumfries, to consider 
with them, fairly remove any thing that how far it was their duty to join those now 
could be in this deed of the council: and if risen. Reasonings pro and con were so 
the proclamation was emitted with designs protracted, that no resolution was come to 
to be a cover to such a villany, it was not the first night. To-morrow at seven of the 
unlike the temper and cunning of him who clock, they again met at Mr. Robertson's 
was now at the head of the council. The chamber. When the question was resumed, 
same day they pass another act, inserted it was generally thought to be very hard to 
below,* " to put the country in a posture lie still and do nothing at such a juncture, 

of defence," and require all the king's 
subjects to assist the general with 
all their power. This was of some more 
influence, and made many join the general, 
and some against their light and conscience : 
" the fear of man causeth a snare." And 
further they discharge all passage at the six 
ferries between Leith and Stirling, and order 
all persons who pass Stirling bridge to be 
narrowly examined. This was to prevent 
some persons from Fife and the north, who 
were under sore burdens, and ready to havj 
joined the people in the south. Next day, 
the 2 2d, the council order all suspected 
persons to be seized and examined ; and 
write to the general, acquainting him with 
what they had done, and desiring his advice 
as to any thing yet necessary to be done. 

To return to the people who rose at this 
time ; after they had seized Sir James Tur- 
ner, and were now determined to defend 
themselves, some were sent into Edinburgh, 
to see what assistance they might expect 
thence ; and I suppose Mr. Alexander Rob- 
ertson, a preacher, a zealous and resolute 
man, was consulted, and his son one of the 
messengers : at least I find, it was in his 
chamber a considerable number of ministers, 
gentlemen, and others met that night the 

• Council's act for defence of the country, 
November 21, 1666. 
Forasmeikle as the insurrection at Dumfries 
and the western shires, is grown into an open 
rebellion, and that the number of these desperate 
rebels does increase so, that all his majesty's 
loyal subjects, in their several shires, ought 
timously to look to their own security, and put 
themselves in a posture to defend the king's 
authority, and to oppose all attempts of desperate 
and wicked rebels; therefore, the lords of his 
majesty's privy council, do hereby command and 
require all heritors, who are fencible persons, 
within the shires of Middle, East, and West 
Lothians.Fife, Perthshire, (except the country of 
A thole) Stirlingshire, Dumbartonshire, Merse, 
and Teviotdale, Tweeddale, Clackmannan, the 

Forest, Angus, and Mearns, to convene at such 
places as the commanders aftermentioned shall 
appoint, and to receive the orders, and to be 
under the command of the persons underwritten, 
viz. Mid Lothian to meet upon the twenty-third 
of November instant, and to be under the com- 
mand of lord George Ramsay ; East Lothian, 
to meet on the twenty-sixth of the said month, 
and to be under the command of the earl of 
Wintoun, and viscount of Kingstoun ; West 
Lothian, to meet the twenty-third of this instant, 
and to be underthe command of Sir Walter Seton 
of Abercorn ; Stirlingshire, to meet the twenty- 
sixth of November, to be under the command of 
the earl of Callender, and lord Almond ; Fife, 
to meet the twenty-ninth instant, to be under 
the command of the earl of Weems and lord 




when so fair a door was opening ; 

and they could not think of seeing 
their fellow countrymen oppressed and borne 
down for their religion and liberty, and in so 
much hazard, without helping them, especially 
when all methods of regular and orderly 
application to the government, were stopt 
and precluded. I hear Ferguson of Kaitloch, 
afterwards a very great sufferer in his person 
and family, was at this time unclear as to 
rising in arms : but the rest of the meeting, 
generally speaking, were very clear to assist 
these people for recovering their liberty; 
such as colonel James Wallace, Mr. John 
Welsh, the said Mr. Robertson, and others. 
It would be tedious to go through all the 
essays made up and down, to get assistance 
to the people in Galloway. Colonel Wallace 
resolves immediately to go westward ; he 
was assured forty well mounted men and 
horse would join him in the parish of Lib- 
bertoun, but they sunk to seven or eight. 
Indeed it was no wonder people were not 
so very forward to join in this undertaking, 
so suddenly entered into without any general 
concert : especially if we consider, that the 
spirits of people were sunk, generally speak- 
ing, under heavy and rigorous vexations and 

Newark ; Perthshire, to meet the twenty-ninth 
instant, and to be under the command of the 
earls of Perth, and Tullibardin, excepting as 
said is ; Dumbarton, to meet upon the twenty- 
eighth instant, and to be under the command of 
the earl of Wigtoun ; Merse, to meet the said 
twenty-eighth instant, to be under the command 
of the earl of Hume; Teviotdale, to meet the 
twenty-eighth instant, and to be under the com- 
mand of Sir William Murray of Stanhope, and 
the laird of Blackbarony younger ; Clackman- 
nan, to meet the twenty-ninth instant, to be 
under the command of the laird of Clackmannan ; 
Forest, to meet the twenty-eighth instant, and to 
be under the command of Philiphaugh ; Angus, 
to meet the twenty-ninth instant, to be under 
the command of the earl of Panmure and lord 
Carnegie ; the shire of Mearns, to meet the 
twenty-ninth instant, to be under the command 
of the earl of Marishal, and lord Arbuthnot : 
with full power to them, to seize upon all dis- 
affected persons within their respective bounds, 
or such as shall be suspect to be going out of the 
shire to be rebels; with power likewise to the 
saiil commanders, to appoint officers under them, 
to command in the several divisions of the shires. 
And further, ordain the said respective com- 
manders, to make public proclamation and inti- 
mation hereof) to the respective Bhirea under 
command, immediately after the same shall 
come *o their hands, that the said meetings may 
be punctually kept. 


burdens. With those the colonel made the 
best of his way to Linton, and from thence- 
ordered off Mr. Robertson towards Lesma- 
hago, to dispose people to join with bin. 
when he came thither ; but he met with 
small encouragement. Thereabouts the col- 
onel came with his men, and rested upon 
the Sabbath. Next day they had notice that 
William Lockhart of Wicketshaw, with a 
party of Carluke men, and some others, 
were marched westward to the main army, 
and so they followed them. In the road the 
colonel called at captain Robert Lockhart's 
house, expecting Mr. Alexander Robertson 
there, according to appointment, but the 
captain and he were gone forward. When 
they came to Evandale, they had the first 
accounts of the laird of Blackwood's desiring 
to meet with the colonel, and to understand 
his design and motions. The colonel being 
uncertain of his character, did not wait, but 
went westward ; and in their way to Mauch- 
lin, he overtook captain Arnot, brother to 
the laird of Lochridge, and a few men with 
him. They lodged all together at Mauchlin, 
on the Tuesday's night. When there, they 
are informed their friends were all gone 
forward to Ayr, and thither they resolve to 
go. Their hopes were here mightily dis- 
appointed ; they expected to have found all 
that country in arms for religion and liberty, 
but very few were stirring. They reckoned 
much upon major-general Montgomery, who 
had been harshly enough treated by the 
government, and the laird Gadgirth ; but 
find they were both at Eglinton house 
waiting upon general Dalziel. Several min- 
isters, they were made to hope would join 
them, were living quietly in their families. 
This very much offended the colonel and his 
friends, and discouraged them, when they 
found many whom they judged friends, as 
they reckoned the most part of that country, 
standing by unconcerned. Meanwhile, their 
friends were likewise grieved and mourning 
for their undertaking, looking upon it as 
very sudden, unadvised, and unroncerted ; 
and fearing, that in the issue it might prove 
unsuccessful and hurtful. 

However, the colonel and his men march 
on to Ayr, and find the body of the forces 
come from Galloway, and such who had 

CHAP. I.] 

joined them since, rendezvousing near the 
bridge of Doon ; and when he was going 
towards them, a messenger comes from 
Cuningham, with accounts, bearing that a 
considerable body of men were ready there 
to join them, if they had one to gather and 
head them. Whereupon he sent off captain 
Arnot with forty horse, to encourage and 
bring them up, and he himself, with the rest, 
joined the general rendezvous. Upon the 
Wednesday, there they had certain accounts, 
that Dalziel and his army lay at Glasgow, 
and so they resolved to-morrow to march to 
the parish of Ochiltree, and have another 
general rendezvous there, where Mr. John 
Guthrie, minister at Tarbolton, came to them, 
with some men from that parish. When 
they were all come to the place of meeting, 
Mr. Gabriel Semple preached to them. 
And here they first modelled themselves into 
an army, choosing their officers, and dispos- 
ing their men to the best advantage, and 
placing their guards. 

At Ochiltree they convene their first 
council of war, and after application to God 
by prayer, and reasoning upon their present 
circumstances, it was resolved, that since 
they could expect little more assistance 
from the south or west, except captain 
Arnot's company, that they should march 
eastward to Edinburgh, especially since they 
were apprehensive the enemy might attack 
them, if they continued much longer there, 
and that before they had got all the assist- 
ance they expected. So they marched east- 
ward upon the Friday to Cumnock, and there 
got the accounts that one of their friends 
John Ross, and a few men with him coming 
to them, were intercepted and broken by 
duke Hamilton's troop, and that the enemy 
was approaching them ; and indeed the 
council were not wanting in raising the 
country, as well as sending the army upon 
them. Accordingly, I find one act in their 
register, November 23d, " act anent the 
shires of Renfrew, Lanark, and Ayr." Its 
tenor is, " Forasmuch as the insurrection at 
Dumfries and the western shires, is grown 




the general rendezvous are to be 
noticed, and apprehended." The 
same day rendezvouses are appointed in 
Mid Lothian, East Lothian, and Teviotdale: 
and colonel Hurry, and major Thomson, 
with the forces under their command, are 
appointed to keep guard in the Canongate. 

Upon these advices, the little army march- 
ed from Cumnock that evening, forward to 
the Muir-kirk of Kyle, (Muirkirk) in a most 
dreadful rain, and through a long muir 
miserably deep. They reached not their 
quarters till two hours within night. Great 
were the hardships they came through, they 
were generally as wet as they had been 
dragged through a river : and wet as they 
were, their foot behoved to lodge in the 
church, without any meat that night, and 
little fire to dry them. Here Mr. Andrew 
M'Cormock, an Irish minister of great piety, 
commonly called the " good man," came to 
colonel Wallace, now chosen commander in 
chief, and acquainted him, it was the opinion 
of Mr. Alexander Robertson, and captain 
Lockhart, who it seems had been very unsuc- 
cessful in their endeavours for assistances 
to the colonel, that this rising should be 
followed no further, but the people dismissed 
in the fairest way that might be. The 
proposal was communicated to Mr. Gabriel 
Semple, a minister of very great authority 
among them, and urged with all earnestness. 
Nothing could be concerted that night, and 
to-morrow, being Saturday, they marched to 
Douglas, and towards Lanark. By the way 
captain Arnot, with his Cuningham supply, 
came up with them. Two hundred had 
been promised, but they scarce amounted to 

At Douglas, after they had set their guards 
and watch, they called a council of war, 
anent the proposal made by Mr. M'Cormock. 
After prayer to the Lord for direction in 
that matter of great importance, the question 
was stated, Whether they should scatter, or 
continue in arms ? The reasons offered for 
giving up this enterprise, from the strength 
of the enemy, the smallness of their numbers. 

to an open rebellion, and the number of the dispiritedness of the country, and the 

desperate rebels increases, these are to order present unfitness of the season for action, 

out all fencible men in Renfrew, Ayr, and were all considered ; the opinion of the 

Lanark shires : and all who are absent from ministers they had with them was heard, 



and then the officers gave theirs. 

All of them, after reasoning, agreed, 
that they had a clear providential call to 
this undertaking, and that they could not 
quit it till they had as plain a warrant to 
desist, as they had to gather together. 
They were conscious to themselves, nothing 
was in their view, but the freeing themselves 
and their country from the horrible oppres- 
sion they groaned under, and to lay their 
grievances before the government, and hum- 
bly to crave redress, which they had access 
to do no other way but in arms. They 
persuaded themselves, the Lord could work 
by few as well as by many, and hoped they 
were a handful of men in whom the Lord 
would concern himself: and if such as had 
encouraged them to this enterprise, and 
promised assistance should fail, they could 
not help it ; they were in the way of their 
duty. And as for themselves, if their design 
misgave, they could say, it was in their 
heart to " build a he-use to the Lord," and 
to act for the glory of God, and the cause 
of religion and liberty, and were not unwilling 
to die sacrifices for these; yea, they reckoned 
a testimony for the Lord, and their country, 
was a sufficient reward for all their labour 
and loss. Thus the proposal was laid aside, 
though it came from persons who were 
heartily friends to their cause and designs. 

The council of war had other two questions 
before them : one was anent the renewing 
the covenants these lands lie under, as soon 
as possible. Unto this all went in most 
unanimously: all of them, generally speaking, 
had taken them before, with knowledge and 
reflection ; and this work was now buried, 
and scandalously treated. Indeed they could 
have wished for more time to prepare for 
that solemn work, and more persons of all 
ranks to join in it ; but now they had not 
their choice, and behoved to do things as 
they best could, and not still as they desired. 
And hereby they inclined to give a proof to 
the world, that their cause and principles 
were the very same with those of the church 
of Scotland, before her liberties were wrested 
out of her hand ; and they knew no better 
preparation for death, if called to it, than a 
solemn resignation and dedication of them- 
selves to the Lord. The other matter under 
their consideration they were not altogether 


so harmonious in; What to do with Sir James 
Turner ? whom they still carried about with 
them since they left Dumfries, being masters 
of no prison to put him in. Some were for 
putting him to death, as being notoriously 
guilty of murder, and a bitter and bloody 
instrument of persecution : but the most 
part were peremptorily against this. Those 
acknowledged Sir James had been a grievous 
oppressor, and the occasion of the death of 
many; but then they would have it consid- 
ered he was a soldier of fortune, and had his 
commission for any thing he did. Yea, I 
am told, that Sir James produced letters 
from the bishops and others, with his secret 
instructions and orders for a great deal 
more than he had done ; and that he really 
appeared to have been pretty moderate 
even in his severities, when his actings 
were compared with his orders which he 
produced, and repeated letters from the 
prelates. Whatever be in this, moderate 
measures prevailed ; he was spared, and 
carried forward with them. 

Sabbath morning they marched to Lanark, 
through Lesmahago. In the way, Knock- 
breck's two sons, with some few men from 
Galloway, overtook them, and signified, no 
more were to be expected from the south. 
At night they came to Lanark, and set their 
guards and watch, and ordered their men 
the best way they might, and appointed offi- 
cers, of which they were very scarce, to 
every company.* This night it was intimate 
to the people of Lanark, that they designed. 
to renew the covenant in that place to- 
morrow. It might have been expected this 
would have engaged the people thereabouts 
to join them ; but such a terror at this time 
was upon the spirits of the country, that few 
or none of their best friends durst or would 
appear. To-morrow morning they were 
alarmed with the accounts, that general 
Dalziel was within a few miles of them; upon 
which some were for delaying the renewal 
of the covenants, but they were over- 
ruled ; and so, after they had sent out their 

• " That day we perfected the modelling of our 
forces, wherein we found greal want of officers, 
there not being t<> the few number we had half 
of the officers requisite, not above tour or tiv« 
that had ever seen soldiers before.' 1 — Wallaces 
Narrative of the Rising at Pentland. — Ed. 

CHAP. I.] 

scouts, and set watches, the work was begun. 
They could not easily, with the townsmen, 
and country about, be all in one place, and 
so they divided into two companies. The 
foot gathered together upon the High street 
of Lanark, and Mr. John Guthrie minister 
at Tarbolton preached unto them. There 
is an incorrect sermon of his printed, upon 
" Breach of Covenant :" the title of it bears, 
it was preached in the (year) 1663. Whether 
it may not be some notes of the sermon at 
Lanark, as some conjecture, I know not. 
After sermon he read the covenants unto 
them, to which, with uplifted hands at every 
article, they engaged, with much affection 
and concern. The horsemen met at the 
head of the town, and Mr. Gabriel Semple 
and Mr. John Crookshanks preached. In 
his sermon Mr. Semple cited, and at some 
length applied Prov. xxir. 11, 12. " If thou 
forbear to deliver thein that are drawn unto 
death, and those that are ready to be slain ; 
if thou sayest, Behold, we knew it not ; doth 
not he that pondereth the heart, consider it? 
and he that keepeth thy soul, doth not he 
know it ; and shall not he render unto every 
man according to his works ?" When he 
was insisting upon these words, the hearers 
were mightily affected ; and several did after- 
wards join the army. After sermons the 
covenants were read and sworn, as above. 
At this time, as I suppose, the principal 
persons among them drew up, and agreed to 
a short manifesto, and declaration for present 
use, with a view to draw up a fuller and 
larger one afterwards. A copy of this paper 
lies before me ; but wanting a date, 1 cannot 
be positive when it was drawn up : and it 
being but short, I shall here insert it. 


Declaration of those in arms for the covenant, 

" The nature of religion doth sufficiently 
teach, and all men almost acknowledge the 
lawfulness of sinless self-defence; yet we 
thought it duty at this time to give an 
account unto the world of the occasion and 
design of our being together in arms, since 
the rise and scope of actions, if faulty, may 
render a thing right upon the matter, sinful." 

" It is known to all, that the king's 
majesty, at his coronation, did engage to 


rule the nation according to the 
revealed will of God in scripture; 
to prosecute the ends of ' National and 
Solemn League and Covenants;' and fully to 
establish presbyterian government, with the 
Directory for Worship ; and to approve all 
acts of parliament establishing the same ; 
and thereupon the nobility, and others of 
his subjects, did swear allegiance; and so 
religion was committed unto him as a matter 
of trust, secured by most solemn indenture 
betwixt him and his people. 

" Notwithstanding all this, it is soon 
ordered that the covenant be burnt, the tie 
of it is declared void and null, and men 
forced to subscribe a declaration contrary to 
it; episcopal government, in its height of 
tyranny, is established ; and men obliged by 
law, not to plead witness, or petition against 
those things ; grievous fines, sudden impris- 
onments, vast quarterings of soldiers, and a 
cruel inquisition by the Iv'gh commission 
court, were the reward of all such who could 
not comply with the government by lordly 
hierarchy, and abjure their covenant, and 
prove more monstrous to the wasting their 
conscience, than nature would have suffered 
heathens to be. Those things, in part, have 
been all Scotland over, bat chiefly in the 
poor country of Galloway at this day : and, 
had not God prevented, it should have, in 
the same measures, undoubtedly befallen the 
rest of the nation ere long. 

" The just sense whereof made us choose 
rather to betake ourselves to the fields for 
self-defence, than to stay at home burdened 
daily with the calamities of others, and 
tortured with the fears of our own approach- 
ing misery. And considering our engagement 
to assist and defend all those who entered 
into this league and covenant with us; and to 
the end we may be more vigorous in the pro- 
secution of this matter, and all men may know 
the true state of our cause, we have entered 
into the Solemn League and Covenant, 
and though it be hardly thought of, renewed 
the same, to the end we may be free of the 
apostasy of our times, and saved from the 
cruel usages persons resolved to adhere to 
this have met with ; hoping, that this will 
wipe off the reproach that is upon our 
nation, because of the avowed perjury it lies 






under. And being fully persuaded, 
that this league, however misrepre- 
sented, contains nothing in it sinful before 
God, derogatory to the king's just authority, 
the privileges of tne parliament, or liberty 
of the people : but, on the contrary, is the 
surest bond whereby all these are secured, 
since a threefold cord is not easily broken, 
as we shall make it appear in our next and 
larger declaration, which shall contain more 
fully the proofs of the lawfulness of entering 
into covenant, and necessity of our taking 
arms at this time for the defence of it, with 
a full and true account of our grief and 
sorrow for our swerving from it, and suffer- 
ing ourselves to be divided, to the reproach 
of our common cause, and sadeningthe hearts 
of the godly; a thing we sorrowfully remem- 
ber, and firmly resolve against in all time 
coming." It is evident this paper was drawn 
in haste, and in the midst of other manifold 
confusions, and yet it contains a very plain 
and short stating of their cause, and a fair 
owning of the king's authority. The larger 
declaration which they promise, I have not 
seen, and question much if they got it per- 
fected before their defeat at Pentland. 

It was at Lanark this rolling snow-ball 
was at the biggest, all their additions they 
could expect from the south and west being 
come up to them. Here their number was 
judged to be near three thousand, but indeed 
a company of raw undisciplined men, neither 
tolerably armed, nor in any order. It was 
the opinion of many, that if they were to 
engage with the regular troops, it had been 
best to have done it here, since after this 
they melted away very sensibly ; and, upon 
a supposition of their defeat, it would have 
been much their advantage to have met with 
it here, where the country was their friends. 
Indeed further east they had very few, and 
this the handful who remained felt after- 
wards. About this time major Kilgour, and 
Mr. John Scot, minister of Hawick, came 
from the east to have joined them; but, 
when they observed their want of order and 
discipline, they quickly left them. 

While they were at Lanark, William 
Lawrie of Blackwood came up to them. 
They hoped he was to have joined them, but 
he undeceived them, and signified he was 

come from duke Hamilton to commune with 
them, and to know what they desired, and 
to prevail with them, if possible, to lay down 
their arms. Whether this message was real, 
or only designed for their trial, I know not; 
but the gentleman produced no documents 
of any proposals from the duke, and he took 
not the way to do business, never applying 
himself to colonel Wallace, or any of the 
officers of the army, but spoke only a little to 
Mr. Gabriel Semple, and quickly withdrew. 
The council of war did not take this well, 
and afterwards wished they had made him 
prisoner, since this method he took, looked 
as if he had come to get information of their 
power and numbers. Meanwhile, all the 
country was in motion ; every sheriff' mus- 
tered the heritors and fencible men, and all 
appeared ready to suppress this open rebel- 
lion, as it was termed. Reports and lies 
were spread to alarm the country, and stir 
them up against the people now in arms 
It was pretended, forty ships with an army 
from Holland, were landed at Dunbar to 
assist the Whigs. Such senseless stories 
were coined to render this small handful 
odious to the country, and especially to 
England, who at present were in war with 
the Dutch. However, as our proverb runs, 
" after word comes ward ;" the first assist- 
ance ever this contending party for our 
religion and liberty got, and their first relief 
was from Holland, some twenty-two years 
after this. 

Let me now take a further view of the 
council's procedure at Edinburgh. Upon 
the 26th of November, they order some 
suspected persons in Teviotdale to be secur- 
ed ; their names are not in the registers. 
Ten pounds sterling is ordered out of the 
exchequer, for paying of horses to be sent 
out morning and evening to get intelligence. 
The arms in the castle of Edinburgh are 
put in order, and some of them sent to 
Stirling. Cannon are brought down from 
the castle, and fixed at the gates of the 
town. The gates are ordered to be shut, 
and none permitted to come in or go out, 
but such as had a pass : for which end, 
guards are set at every gate. No horses 
are permitted to go off the town ; and orders 
are issued out, that a great many lances anJ 

CHAP. ].] 

pole-axes be immediately made, for the use 
of the government, at Culross, Dumfermline, 
and other places. November 27th, a letter 
from the king to the council, comes, approv- 
ing their diligence in what they had done, 
and promising further instructions very 
quickly with the commissioner, and suspend- 
ing the putting in execution an order lately 
sent from court, for taking and subscribing 
the declaration ; of which I know no further 
than what is expressed in the letter, which 
I have added, in a note.* But it would 
seem the court began to be sensible, that 
the violent obtrusion of the declaration, 
and other impositions, had exasperated the 
spirits of the country, and put them upon 
rising in arms; and were willing to desist 
from these, at least at this present juncture. 
" The same day the council write a letter 
to the earl of Rothes at London, signifying, 
that the rebels are advancing to Edinburgh, 
and some of them come near Torphichen, 
and their whole body not far off"; that they 
are determined to maintain the town. Their 
numbers are said to be about three thousand; 
their commanders are colonel Wallace, col- 
onel Gray, major Lermont, and some others 


of no great note ; that by their last 

* King's letter to the council, November 24th, 

Right trusty, &c. We have seen your letter 
of the 17th of this month, with the account of 
what then you knew of the rebellious insolence 
at Dumfries : we have also seen the orders you 
have given for the speedy march of our lieuten- 
ant-general, with such of our forces as he should 
think fit, and for the concurrence of such persons 
of quality, as live near those places where the 
rebellion broke out. All which we do very well 
approve, and doubt not but by God's blessing 
upon our forces, and your counsels, the mischief 
of this rebellion shall turn upon the heads of the 
rebels. And we specially recommend to you all 
care and diligence for preventing any joining 
with the rebels ; and that you take special care 
of our castles, and of the prisoners in them : 
you shall also send us frequent intelligence of 
what, you hear, and that by express packets : 
and give order that our lieutenant-general keep 
correspondence with our governor of Carlisle ; 
and that also he send us a frequent account of 
his proceedings, and direct his letters to Carlisle, 
to be transmitted to us. We intend very speedily 
to despatch our commissioner, who shall bring 
our full directions ; and, until he come, you 
shall suspend the putting in execution your 
order for the subscribing the declaration ; and 
so we bid you heartily farewell. Given at our 
court at Whitehall, the 24th day of November, 
1666, and of our reign the eighteenth year. — By 
his majesty's command, Lauderdale. 

letters from general Dalziel, they 

find the rebels shun an engagement ; that 
the general thought to have attacked them 
in Mauchlin-muir, but they marched east- 
ward to Douglas Castle, near which they 
continued upon Sunday ; that yesterday 
they were at Lanark, and the general was 
following them hard." But they take no 
notice of the king's letter, which this day 
they receive, and is recorded before theirs to 
him, being unwilling as yet to suspend the 
declaration. — That same day the college of 
justice formed themselves into a company, 
for defence of the town, and had arms 
distributed to them out of the castle; and 
for the further security of the metropolis, 
the heritors of the Merse, Teviotdale, Tweed- 
dale, and the Forest of Eterick,were called in. 

Monday afternoon, Dalziel with his army 
came up to Lanark ; ere colonel Wallace 
and his men left it, they were within view 
of Stonebyres. Now the poor countrymen 
had little time to deliberate : to march 
eastward, looked like a plain flight, the 
general following close upon their rear ; yet, 
chiefly upon the suggestions of some of the 
common soldiers among them, that West 
Lothian would join them, and some hopes 
that the city of Edinburgh would receive 
them, they resolve to go eastward, and to 
be at Bathgate that night. A worse step 
perhaps could scarce have been taken by 
them ; this being plainly to run into a net 
betwixt two armies, and on the sword point. 
No friends were at Bathgate to meet them ; 
Edinburgh was all up against them, and Sir 
Andrew Ramsay the provost is mighty 
active, and scarce an advocate but is armed 
cap-a-pee, and every thing there is secured. 
It is a fatal thing in such circumstances to 
lean to false intelligence; thereupon ground- 
less hopes are entertained, and unhappy 
measures run into. 

That night they came to Bathgate, through 
almost an unpassable muir, and one of the 
worst ways in Scotland. The night was 
extremely dark, and they reached not Bath- 
gate till two hours after daylight was gone, 
neither was there any accommodation to be 
had there for men wet and weary, and almost 
spent with fatigue. About eleven at night 


,.„„„ they had an alarm of the approach 
1G06. • , • , • , 

ot the enemy, and at midnight were 

obliged to begin their march towards the 
New Bridge. When they came that length 
in the morning, they looked rather like dying 
men than soldiers going to a battle. It 
would have almost made their very enemies 
themselves to relent, to have seen so many 
weary, faint, half-drowned, half-starved men, 
be twixt enemies behind, and enemies before. 
It was reckoned, they lost that night near 
half of their small army; and truly, consid- 
ering the way, season, and weather, it was 
a wonder the half of them got through : yet, 
after all, they still entertained some hopes 
from their friends in the " good town ;" and 
so resolve to march to Collinton, within 
three miles of it ; though they should have 
known there was an army at Edinburgh, 
and the general with his army by this time 
was come to Calder, within five miles of them. 
Meanwhile, all gentlemen and others who 
have horses in Edinburgh, are by the council 
ordered to mount them, and march out, 
under the command of the marquis of Mon- 
trose, to join the general. At Bathgate, the 
27th, or early on this day the 28th, Mr. 
John Guthrie fell into a most violent fit of 
the gravel, to the greatest extremity a man 
could be in, no doubt occasioned by the 
cold, and ill accommodation he had got these 
days bypast,and was carried off at the desire 
of all present ; and so he was not at the 

This day or Monday, a few gentlemen in 
Renfrewshire, and their neighbours, had 
gathered together a small company of horse- 
men, some call them about fifty, with a 
design to join colonel Wallace : but when 
they were gathering, and a little way upon 
their road, information was given them, that 
Dalziel was betwixt them and their friends ; 
and upon this they saw good to retire, and 
dismiss. The captain of this little troop 
was William Muir of Caldwell, and with 
him were Robert Ker of Kersland, Caldwell 
of that ilk, the laird of Ralston, John 
Cunningham of Bedland, William Porter- 
field of Quarrclton, Alexander Porterfield 
his brother, with some others. They had 
with them Mr. Gabriel Maxwcl minister at 
Dundonald, Mr. George Ramsay minister at 

Kilmaurs, and Mr. John Carstairs minister 
at Glasgow. The last, I am told, came with 
them much against his inclination, and 
engaged only to obtemperate the importunity 
of his friends, and not till he had reasoned, 
as far as was proper, against the project, 
and very much dissuaded from it. The 
laird of Blackston, in the shire of Renfrew, 
was likewise with the foresaid gentlemen, 
but, it would seem, very accidentally. I am 
informed, that when they were met at a 
country house, one of them saw Blackston 
riding by, as was afterwards known, with a 
design to have joined Dalziel. Mr. Gabriel 
Maxwel went out to him, and, after some 
communing, prevailed with him to join witli 
them : but he was so far from being a friend 
to the cause they were appearing for, that, 
I am told, as soon as he heard of the defeat 
at Pentland, he went to the archbishop of 
Glasgow, and, upon a promise of pardon, 
discovered and informed against the rest. 
I have the following account from other 
good hands in a different turn, that Black- 
ston came to that meeting, not accidentally, 
but from a real regard to the cause colonel 
Wallace was appearing for; that the gentle- 
men were surprised when he came to them, 
as knowing his head was not so fully poised, 
as were necessary for consultations of that 
nature they were engaged in, and therefore 
kept their meeting apart from him ; that he 
still hovering about the door, unhappily 
spied a footman of my lady Rothes's carrying 
letters to Eglinton : he, out of his ungov- 
erned zeal, laid hold on him, opened the 
letters, and after perusal of them, and 
returning them, sent him off": that the other 
gentlemen were highly offended at him for 
so doing, and thereupon broke up ; and 
that he himself, afterwards reflecting in cold 
blood on what he had done, thought fit 
to redeem his own neck by accusing his 
neighbours. The reader will find him after- 
ward led as a witness against the rest very 
early : and December 1st, in the council 
registers I observe, " Maxwel of Black- 
ston, and Houston his servant, com- 
peared and delated the laird of Caldwell, 
and several other gentlemen, to have risen 
in arms for assisting the rebels." The 
council confine him to his chamber in 

CHAP. I.] 

Edinburgh ; and upon the 6th of December, 
they take off his confinement, upon a bond 
of a thousand pounds sterling, to appear 
when called. It was remarked, that after 
this providence frowned very much upon 
him, and every thing went cross. This he 
himself is said to have acknowledged, in a 
paper he left behind him, when, a good 
many years after this, he went for Carolina, 
but he died at sea by the way. 

Some of the many sufferings of those 
worthy gentlemen concerned in that meeting, 
may be hinted at afterwards ; but I am sorry 
sj few accounts of them are come to my 
hand : if they escape the sword at Pentland, 
because not there, they did not escape the 
persecutors' fury in a very little thereafter. 
Their houses were rifled, themselves forfeited 
and exiled. The estate of Caldwell, the 
best by far of any concerned in this affair, is 
given to general Dalziel, upon a sentence 
passed in absence, forfeiting him for being 
upon the road to join colonel Wallace. 
The times were so ill, the gentlemen durst 
not personally compear, otherwise very re- 
levant defences might have been proponed. 
This good man died in exile, leaving his 
excellent lady, and four orphans, destitute 
of all visible means of subsistence: some of 
their hardships will offer afterwards : I only 
remark here, that the lady Caldwell had a 
dowry ensured to her according to her rank, 
out of the estate of Caldwell : but having 
neglected to take infeftment upon her con- 
tract, before the forfeiture, she lost that, and 
was forced to live with her children in great 
straits. Kersland's good estate was given 
to lieutenant-general Drummond. In their 
hands these two estates contiuned until the 

But to return to colonel Wallace and his 
decreasing army, when they are in the way 
to Collinton, the laird of Blackwood came 
up again to them, as sent by duke Hamilton, 
to entreat them to lay down their arms in 
hopes of an indemnity, which the duke 
promised to endeavour to procure. This 
gentleman concurred very earnestly with the 
duke's proposal. The colonel, and these 
with him, did not think they were out of 
their duty, and were much set upon pre- 
senting the grievances they and the country 




lay under, in order to have them 
redressed ; and nothing of this being 
in the overture made, they could not fall in 
with it, and dismissed Blackwood, signifying 
they hoped for other things from him : and 
came to their next stage at Collinton. When 
it was too late, there they found, that none 
of their friends in Edinburgh, or the east 
country, would stir; many were hearty well- 
wishers to them, but few had clearness to 
take up arms in such circumstances ; and 
those who had, found all the avenues stopt, 
and could not possibly appear. Here both 
their hopes and counsels were at an end. 
When at this pass, Blackwood comes a third 
time, and with him the laird of Barskimming, 
to renew the former proposal, withal signify- 
ing he had obtained the general's word of 
honour, for a cessation of arms till next 
morning, and that he had undertaken as 
much for them. Finding themselves now 
very much disappointed, and in a very ill 
taking, at length they condescend in their 
council of war, to name a commissioner to 
go back with Blackwood to the general, and 
treat with him in their name. Their com- 
missioner being outlawed, Blackwood and 
the other gave it them as their opinion, 
that the gentleman proposed would not be 
acceptable; therefore they conclude to write 
to the general, by the two come from him. 
The letter was drawn, and signed by colonel 
Wallace. I have not been able to come by 
a copy of it, but am told it contained a 
representation in short of their sad oppres- 
sion and heavy grievances, a declaration of 
their design to apply to the council for 
redress, and their desire of a pass for one of 
their number, that might represent their 
grievances and desires more fully. They 
concluded with a request, that Blackwood 
might return to them with the general's 
answer, as soon as might be. Instead of 
this, Dalziel, upon receiving of their letter, 
despatches Blackwood in all haste to Edin- 
burgh, to lay the letter before the council, 
and writes with him his own sentiments, and 
an account of his present circumstances. 
How this was received at Edinburgh I have 
no further accounts than the following letter 
to the general, which I find in the council 
books, dated this day. It appears to be 


writ after the accounts of a begun 


action, between the general and 

colonel Wallace, were reached Edinburgh: 

and I insert it here. 

" Right honourable, 
" The letter dated at Killeith (Kenleith) 
this day, from the earl of Newburgh, bearing 
the letter sent from one Wallace to your 
excellency, was read in council, and the 
proposals made in that letter considered, 
wherewith they are no ways satisfied. And 
because they seem to ground themselves 
upon the proclamation, they have sent one 
of the printed copies, whereby it will appear 
there is no such thing held forth, as they 
pretend unto : and all they can expect from 
it, is, that if they should lay down their 
arms, and come in to your excellency within 
the time appointed, they might petition for 
mercy. We are glad to hear your excel- 
lency hath now engaged the rebels, we hope 
in a short time to have an account of them, 
which shall be welcome news to 

" Your humble servant, 

" St. Andrews, I. P. D. C 
" November 28, 1666." 

Whether the general, by sending this 
letter to the council, had any view of favour 
to the country people, I shall not determine : 
but it would appear all was trick and amuse- 
ment, till he should come up with the 
colonel and his men, since no return was 
made to them, as they desired, nor the least 
hint given them, of the sending their letter 
to the council ; and so, notwithstanding of 
all the assurances given of a cessation of 
arms, he marches his army straight towards 
them. Colonel Wallace and his men, not- 
withstanding of this imperfect sort of treaty, 
resolve on the best retreat they can, for 
their own safety, and sustenance in the mean- 
time ; and turning by the east end of Pent- 
land Hills, they resolve on the way to Biggar. 
From Collinton they march to the House in 
the Muir ; and from thence to the fatal spot 
called the ll-illion Green, where they draw 
up the dispiiitcd remains of an army, not 
exceeding nine hundred weary spent men. 
The reason of their forming themselves 
there, was not any view of a battle, for they 


were still in some hope of a peaceable con- 
clusion, from Blackwood's negotiation ; oat 
merely to review the state of their poor 
companies, and to prevent straggling. 

The order Wallace put his men in, was 
this : upon the backside of a long hill run- 
ning south and north, he divided his men 
into three bodies. Upon the south of the 
hill there was a low shoulder, upon the 
north a high and steep shoulder. Upon the 
low shoulder southward he placed a small 
body of horse, under the command of Bars- 
cob, and the Galloway gentlemen : in the 
centre were the poor unarmed foot, under 
his own command ; and upon the left stood 
the greatest part of his horse, under the 
command of major Learmont. This handful 
were scarce well put in this posture, when 
they were called to other work than a review. 
An alarm comes that a body of horse is 
approaching them. At first they pleased 
themselves, that it might be some friends 
coming to join them : but quickly they found 
it was Dalziel's van, who had cut through 
the ridge of Pentland Hills, and come straight 
from Calder towards them, quite undiscov- 
ered till they were within a quarter of a 
mile of them, upon a hill opposite to them. 
There was a great descent and hollow 
betwixt them, so they could not meet on 
that side. When they had viewed each 
other for some time, Dalziel sends out a 
party of about fifty horse to squint along 
the edge of the hill, and attack their left 
wing. Wallace orders out captain Arnot 
with a like number of horse, to receive them. 
The captain came up with the general's 
detatchment upon a piece of level plain 
ground. After both had spent their fire, 
they closed upon the sword point, and 
fought it very stoutly for a good while. At 
length, notwithstanding all their advantages, 
Dalziel's men run ; and had it not been for 
the difficulty of the ground, their loss had 
been far greater than it was. Divers fell 
on both sides; and of the captain's party 
Mr. John Crookshanks, and Mr. Andrew 
M'Cormock, two ministers who had come 
from Ireland, and had very much encouraged 
the people to this undertaking. 

Upon this little advantage, Wallace ad- 
vanced! with a party of foot towards the 

CHAI\ I.] 

body of the enemy's horse, they being on a 
ground, upon that side inaccessible by horse. 
This obliged them to shift their station, and 
to draw up on a bank or rising ground a 
little more easterly ; and there they con- 
tinued till all their foot came up. These 
being arrived, the general advanced towards 
Wallace, and drew up his whole army upon 
the skirt of the same hill, whereof the col- 
onel had the ridge, which is called the 
Rullion Green. Being thus posted, the 
general orders out a great body of horse, 
attended with some foot, to attack the wing 
commanded by major Learmont. To meet 
those, Wallace orders out another party of 
horse flanked with foot. After firing on 
both sides, they close one upon another, and 
Wallace's foot force Dalziel's to give way, 
and his horse run also. A second party of 
horse, the same way, come from the general 
upon the same wing, and a second party 
meet them with the same success, and chase 
them beyond the front of their army. But 
a third body of horse, for the general had 
abundance to spare, coming up, made Lear- 
mont's men retire up the hill to their first 
station : and thus the dispute is mostly 
upon the left wing of Wallace's army. When 
they had acquit themselves so gallantly, 
Dalziel advances his whole left wing of 
horse, upon the colonel's right, where he had 
scarce thirty weak horse to receive them. 
These were soon borne down, and the gen- 
eral carried the charge so briskly that all 
Wallace's companies gave way, were put 
out of their order, and never able to rally 
again. The slaughter was not very great. 
The colonel had happily placed his men, and 
most of them were upon the top of the hill, 
and got the easier off. It was almost dark 
night before the defeat; and the horsemen 
who pursued, were most part gentlemen, 
and pitied their own innocent and gallant 
countrymen. There were about fifty of the 
countrymen killed, and as many taken pris- 
oners : a very few of Dalziel's men were 
killed, but several wounded. 

After I had formed the above narrative of 
this rising and defeat, there came to my 
hand a very distinct information of this 
affair, from an old reverend minister, who 
was present with Colonel Wallace's army 


for the most part, and in the action ; 



which containing several particulars 

I have not met with elsewhere, and beinc 

but short, I have insert it here. 

Information sent to the author of this history, 
as to the rising in Galloiuay, dissipated at 
Pentland, November 1666, by a minister 
present with the country army.* 
" I was prevailed upon by Mr. Welsh, min- 
ister of Irongray, and some others, to join 
with that party in Galloway, sore oppressed 
by the inhumane cruelties of Sir James 
Turner, for their nonconformity to abjured 
prelacy. A little while after they had seized 
Sir James, that his cruelties in that corner 
might be stopt, and when they were resolving 
to march to Edinburgh, to represent their 
grievances, you know, they were broken at 
Pentland Hills, many of the prisoners were 
executed, and those of any note who escaped 
were forfeited in life and fortune in absence, 
most illegally. In this Sir John Nisbet, 
king's advocate, was most active, and fearing 
after inquiries, he procured an act of the 
first parliament after, approving this piece of 

" The country people who came to Dum- 
fries, were commanded by Andrew Gray, 
and John Neilson of Corsack, and by a 
surprise apprehended Sir James Turner in 
his chamber in Bailie Finnie's. They soon 
after marched to the west country, having 
sent messages to their acquaintances in the 
neighbouring shires to assist them. 

" I took with me major Learmont, son-in- 
law to the laird of Annstoun, who lived 
near me, an officer of skill, great resolution, 
and courage. We met our friends on the 
hills above Galstoun. It was found neces- 
sary to halt a little in that country, till we 
should see if friends would join. Some 
went to Mauchlin, others to Tarbolton : 
the major and I went next day with about 
fifty horse to the town of Ayr to take up 
quarters. The magistrates fled, but we 
hearing where one of them was, obliged him 

* This minister evidently was Mr. William 
Veitch, settled after the revolution, first at 
Peebles and latterly at Dumfries, where h» died 
in the month of May, 1722.— Ed. 



j„ fi « to give billets for seven or eight 
hundred horse and foot. Here 
worthy Mr. Hugh M'Kail turned sickly, but 

" From Ayr we marched up the water 
toward Douglas, and from that to Lanark. 
Meanwhile, Dalziel and his forces were 
come west, to meet us, the length of Strath- 
aven ; but hearing we were got betwixt them 
and Edinburgh, they came close after us. 
When we came to Lanark, I know not if we 
were much above fifteen hundred horse and 
foot ; several indeed were daily joining us. 

" There we had accounts the general 
would be upon us that night. Presently a 
council of war was called, of officers and 
gentlemen, who communicate advices with 
the ministers. By the generality it was 
thought safest to bide at Lanark, the rains 
having made Clyde unpassable, except by 
boats, which were broken; and there was 
no great probability of the river's falling, 
and a few men might have prevented the 
king's forces to come through it to us : but 
a letter at this time came to Mr. Welsh and 
Mr. Semple, from a gentleman at Edinburgh, 
who was a real friend, pressing us to come 
as near that place as might be, and giving 
hopes both of assistance and other necessar- 
ies. This altered the first project, and the 
army marched straight to Bathgate, under 
many inconveniencies ; and there being no 
accommodation there, we went forward to 

" There I was pitched upon to go in to 
the town, and converse with that gentleman, 
if possible. When I came thither, all the 
roads were guarded, and my lord Kingston 
with some forces, keeping the main guard at 
Brandsfield-links. Having taken by-roads 
till I came to Libberton Way, I was stopped 
at the Wind-mill, and carried to my lord 
Kingston. I made a shift to satisfy him, by 
desiring two soldiers to go with me to the 
dean of Edinburgh, Mr. Lawrie,and he would 
know me. My lord was very civil, and told 
mc, Mr. Lawrie and his friends would be 
retired for safety to the Castle, and dismissed 
me, which was a very providential deliver- 
ance to me; for just as I was going off, I 
saw Mr. Hugh M'Kail brought in prisoner 
to my lord. I lodged in the Potter-row, 


but could have no access into the town, all 
the ports being shut, and saw nobody that 
night, save old Mr. Arthur Murray, a min- 
ister turned out of his charge in Orkney : 
his wife essayed to get into the town with a 
verbal message to the gentleman, but by no 
means could be admitted. 

" Next day, I went, through many diffi- 
culties, to our friends, who were now come 
from Collinton to Pentland Hills. When I 
had passed Roslin-muir, and was come to 
Glencourse water, I fell in almost with an 
advanced party of the king's horse; but was 
relieved by the rear of our friends. 

"By this time, November 28th, a fair 
frosty day, after a sore night of frost and 
snow, when colonel Wallace got intelligence, 
that general Dalziel was coming from Currie 
through the hills, and a considerable party 
of our men were upon a hill, commanded by 
Barmagachan, and Mr. Crookshanks, and 
Mr. M'Cormock, two Irish ministers were 
with them. 

" In about half an hour, lieutenant-gene- 
ral Drummond, with a select party, were 
sent against us upon the hill, but were beat 
off with some loss ; though the general 
assured those about him, that party would 
do our business, and the rest needed only 
stand and see fair plaj'. When the lieuten- 
ant-general was driven back, there was no 
small confusion among the arm}', and not a 
few threw down their arms; yea, Drummond 
himself owned afterwards to Mr. James 
Kirkton, from whom I have the account, 
that if we had pursued the chase, in the 
confusion they were under, the general's 
army might have been ruined. Mr. Crook- 
shanks and Mr. M'Cormock were both 
killed in this rencounter. 

" Major Learmont commanded the second 
attack, when we beat the enemy again, and 
duke Hamilton narrowly escaped, by dean 
Kamsay's warding off a blow a countryman 
was just giving the duke. The general sent 
up a party who relieved the duke, beat back 
the major : his horse was shot under him, 
and falling, he stepped back a little to a 
fold-dike, and killed one of the four horse- 
men who pursued him, mounted his horse, 
and came safe off from the other three. 
" The last encounter was after sunset, 

CHAP. I.] 
when the general's foot, flanked with their 
horse upon all hands, overpowered us, broke 
our ranks, and we gave way. Our horses 
not being trained, was a great loss to us. 
Many more had been killed and taken, had 
not the night prevented it. I fell in with 
a whole company of the enemy, who taking 
me in the dark for one of their number, 
carried me down the hill a little with them 
in the pursuit, till I got to a side, and 
having a sturdy horse, turned off from them, 
and was pursued, but happily escaped."* 

It is scarce worth while to take notice of 
the misrepresentations the English historians 
give of this rising and engagement. That 
party-writer of the caveat for the Whigs, 
published toward the close of the last reign, 
in order to corrupt the commonalty of 
England, and dispose matters for the present 
attempt of the pretender (1715) hath as 
many lies as words almost in his account 
of this matter. He pretends this rising was 
in concert with the Whigs in England, and 
the republicans in Holland ; whereas it 
was entirely unconcerted. He talks of the 
leaders of their troops being tailors, and 
outed preachers ; that five hundred of them 
were killed at Pentland, and near a hundred 
executed. So gross misrepresentations need 
no reflections. 

Mr. Eachard, Hist, of England, vol. III. 
in his accounts of this matter, hath copied 
several of the blunders formerly printed by 
his countrymen. He insinuates a corre- 
spondence betwixt the presbyterians in Scot- 
land and those in England, without the least 
proof; and indeed it was not capable of 
proof, such a correspondence not being prac 




* Mr. Veitch has recorded a still more extraor- 
dinary escape, that he had upon the Friday 
following, on the night of which, he had gone 
upon some business to the house of his landlord, 
the laird of Auldstain or Austane, who, was 
father-in-law to major Learmont. In hopes of 
finding this latter gentleman, Dalziel's troop of 
dragoons, were in the very act of surrounding 
the house, when Mr. Veitch approached. Being 
attired in a country habit, the same as a common 
peasant, he went boldly forward to one of his 
neighbours, who was holding five of the troopers' 
horses, and accosting him familiarly by his name, 
inquired what he thought of the weather, or, if 
it was to be snow. His neighbour with the 
same presence of mind, accosted him by the name 
of Willie, and gave him two of his horses to 
hold, which he did till the search was over, 

narrated above. His bite upon major 
Learmont, that he had been formerly a 
tailor, is not worth noticing.^ I know not 
what truth is in the fact ; but I could give 
instances of tradesmen in their youth, who 
have gone into the army, and proved eminent 
in the art of war; and the major's bitterest 
enemies owned him to be a very good officer. 
What follows is aplain falsehood, that most of 
then' officers were cashiered preachers. And 
though several of the outed ministers were in 
company with the west country army, there 
was not one of them an officer or had any 
command over the soldiers. Presbyterian 
ministers leave those things to another set 
of clergymen, who claim the privilege of a 
double capacity, and act in it where they 
see it for their interest ; and, under pretext 
of their temporalities, can make a shift to 
be princes palatines, members of parliament, 
lords high treasurers, plenipotentiaries, pre- 
sidents of the privy council, and what not. 
Mr. Eachard has known very little of the 
story, when he talks, they were met in the 
height of their power by the king's forces. 
A third part of those who had been together 
the day before the engagement, were not at 
the battle ; and, considering all things, it 
was much so many of them kept together. 
Those things indeed are scarce worth the 
observing, were it not, if possible, to prevent 
other subsequent historians from copying 
after Mr. Eachard, as he has done from 
those that went before him, in our Scots 
affairs, to which they have been very much 

Those remarks upon Mr. Eachard, relate 

when, with his bonnet under his arm, he held 
the stirrups to the troopers mounting their 
horses, who, immediately rode off, without 
suspecting who had been their assistant. Vide 
Life of Veitch, by Dr. M'Crie, pp. 45, 46.— Ed. 
f Law in his memorials has stated, that Lear- 
mont was a tailor to his trade, (p. 210,) on 
what evidence does not appear, but it is cer- 
tain, that he was proprietor of the lands of 
Newholme, which lay partly in the shire of 
Peebles and partly in the shire of Lanark. 
[^Sampson's Riddle, 48.1 After his forfeiture 
tor being in the rising at Pentland, his 
brother-in-law William Hamilton, of Wishaw, 
writer in Edinburgh, in consequence of a 
composition obtained a donation of the estate 
of Newholme, for the behoof of his family. — 
M'Crie's Life of Veitch, &c. pp. 79, 460.— Ed. 



likewise to the author of the Com- 
plete History of England, whom, in 
Scots affairs the archdeacon pretty closely 
follows; only the bishop hath an ill-natured 
turn, the rigid presbyterians, says he, were 
as mutinous as the popish tories in Ireland. 
This must be reckoned a spiteful, as well as 
an ignorant comparison, since, as the pres- 
byterians were not as yet, with any colour 
of reason, to be divided into rigid and not 
rigid, they all, without exception, owned 
the king's authority, and submitted to every 
thing save episcopacy ; so there was no 
mutiny in the case, but horrid oppression 
from the soldiers hounded out by the pre- 
lates, which this author might have known 
from Naphtali, and other printed accounts, 
and so spared this odious comparison. 

After this engagement, November 28th, 
1666, the country people were very cruel 
to the poor fleeing men. Many of them 
were killed, and severals taken priso- 
ners by the people in the parishes round 
about. I am well informed, that some 
visible judgments of God did come upon 
some of them for their cruelty and murder. 
Colonel Wallace and Mr. John Welsh fled 
over the hill northward; and when they had 
turned their horses from them, entered into 
a countryman's barn that night ; and, after 
some very refreshing rest, got off undis- 
covered. We shall afterwards meet with 
Mr. Welsh about his Master's work. The 
colonel, after some wanderings, got over to 
Holland, and lived many years there; but 
never returned to his native country. 

Thus was this body of good people broken 
and dissipated. It was next to a wonder, 
and can scarce be accounted for, except 
from the goodness of their cause, that they 
were so brave on this day of their defeat, if 
either the constitution or circumstances of 
such an army be considered. They were 
but a small handful of untrained, undisci- 
plined countrymen, who had never seen 
war; they had very few officers, and these 
had little authority. Every private man in 
such a gathering, readily must cither be let 
into the secrets of the council of war, other- 
wise he is in hazard of clamouring his 
neighbours in the company into a mutiny, 
and then of deserting upon a scruple. So 


hard a matter did admiral Chattilon find it 
to command an army of volunteers. And 
the inexpressible hardships the poor people 
had been under for some time before their 
engagement, heighten the wonder. The 
commanding officer, colonel Wallace, was a 
gentleman, a good soldier, bold and resolute ; 
but such an undertaking was for a man of 
miracles. Their enemies very much com- 
mended their gallantry and courage ; and 
yet under such disadvantages as they had to 
wrestle with, they could not but give way. 
Two parts of their company had deserted 
them ; they were perfectly spent and wearied, 
and surprised under a begun treaty, and 
overpowered with numbers of fresh horse 
and men, many of them disciplined troops, 
and none of them under their difficulties 
and discouragements. They always pro- 
tested and declared, their only design was 
to present their grievances, and testify for 
their God and their country, for religion and 
liberty ; and herein holy and infinitely wise 
providence accepted of them, and smiled 
upon them, albeit not in a way of victory 
and success, yet in the road of noble and 
unshaken steadfastness and suffering, which 
turned very much to the advantage of the 
interests they appeared and testified for. — 
This account shall be concluded with the 
letter the council wrote to the king, the 
day after this engagement. 

" May it please your majesty, 
" Since the first notice we had of the late 
insurrection in the west, we have from time 
to time given an account of it, and the pro- 
ceedings against it, to the earl of Rothes, to 
be communicated to your majesty : and now 
we presume, by this humble and immediate 
address, to make known to your majesty, 
that yesterday in the afternoon, the general, 
and noblemen with him, and your forces 
under his command, gave them a total rout 
at the south side of Pentland Hills, about 
seven miles from Edinburgh. Many of 
them were killed in the field. There be 
several prisoners, against whom there shall 
be speedy proceedings, according to the 
laws against traitors : and if night bad no' 
prevented your majesty's forces in the pur- 
suit of the rebels, none of them had escaped. 


And although this rabble be totally dissi- 
pated for the time, yet we conceive ourselves 
obliged, in the discharge of our duty, to 
represent unto your majesty, that those 
principles which are pretended as the ground 
of this rebellion, are so rooted in many 
several places through the kingdom, and 
there be such just grounds of apprehensions 
of dangers, from persons disaffected to your 
majesty's government, as it is now estab- 
lished by law, as will require more vigorous 
application, for such an extirpation of it as 
may secure the peace of the kingdom, and 
due obedience to the laws : and we shall 
not be wanting in any thing in our power ; 
and your majesty's commands shall be 
obeyed by 

" Your majesty's most, &c. 

" St. Andrews. 
" Montrose, Register, 

Haddington, Advocate, 
Dumfries, Justice-clerk, 

Sinclair, Lee, 

Halkerton, Nidry, 

Bellenden, Sir R. Murray. 

« Edinburgh, Nov. 29th, 1C66." 
This letter breathes forth a spirit of 
cruelty peculiar to the president and prelates. 
I make no reflections upon it : they fairly 
own the prejudice generally prevailing now 
against the prelates for their oppression, 
and inclinations toward a freedom from 
that yoke ; and seek further severities, and 
a standing army. But I come now to give 
account of the sufferings of those taken at 

. Of the sufferings and execution of such who 
were taken at Pentland, with some reflec- 
' tions upon their death. 

Having given an unbiassed account of this 
rising, as far as my materials would carry 
me, I come next to offer some short narra- 
tive of the cruelties exercised upon so many 
of this broken party, as came into the 
managers' hands. Many came to be sharers 
with them in sufferings, who had not been 
up in arms with them, as may afterwards 
come to be noticed. 



Now the prelates made a terrible 
clamour, and took care to load the 
whole body of presbyterians, ministers, and 
people, as concerned in this rising ; and 
misrepresented them as rebels, enemies to 
the government, and what not: and a handle 
was taken from this appearance in arms 
which was very far from being any concert 
among presbyterians through the nation, to 
violent and bear down all of that designation, 
ministers and people, as common enemies. 

The utmost care had been taken, before 
and after the battle/to prevent their escape. 
Upon the country peoples' moving from 
Collinton, the council sent one Patrick Mur- 
ray to Tevoitdale, to acquaint the heritors, 
the rebels were moving eastward, and all 
the passes were appointed to be guarded. 
Immediately after the engagement, they send 
expresses to Berwick, to stop the rebels 
who came to the borders ; and likewise 
order earls Annandale, Nithsdale, and lord 
Drumlanerk, and others in that country, to 
keep the forces together they had raised, in 
order to apprehend the rebels upon their 
return. Also the forces at Linton Bridge, 
are ordered to keep together till Saturday's 
night. Next day, November 30th, the lord 
treasurer is ordered by the council, to secure 
all the goods and rents belonging to any of 
the rebels indicted or to be indicted, and to 
intromit with them; with a reservation of 
their dues resting to their masters : and all 
hazard being now well nigh over, the council 
give liberty to all the forces in the Merse, 
Tevoitdale, and the Forest, (Ettrick Forest) 
in Dumbarton and Stirling shires to dismiss. 

After all this care in the council, now 
managed by the primate, I need scarce 
notice, that the difficulties and hardships of 
many who had got off from Pentland with 
their lives, were very great : not a few who 
had escaped the sword at Bullion Green, 
were most cruelly murdered by the country 
people ; the common people, in many places 
about, wanted the bowels of men, not to 
say Christians, toward the scattered party. 
Yea, so inhumane were some, as to break 
in upon the graves of those who had been 
buried, that they might get the linen some 
good people in Edinburgh had provided to 
bury them in ; and multitudes were forced 



lfififi ^ or man y years to lurk and hide 
themselves, and undergo inexpres- 
sible hardships, having their life as it were, 
every day in their hand. 

To render their life more uneasy, and to 
involve others who should show them the 
least favour, a proclamation comes out, 
December 4th, which I have insert as a 
note.* There is a reference made here to 
their former proclamation, making it treason 
to assist, supply, or correspond with any 
that had risen in arms ; and that no subject 
may harbour, reset, hide, or conceal any of 
them, or they must be brought to trouble 
therefore. The names of about sixty are 
set down ; and the proclamation adds, " or 
any others who concurred or joined in that 
rebellion;" with certification, that all who 
fail herein, shall be reputed guilty of their 
crime. The hardships of this are plain, and 

* Proclamation discharging the receipt of the 
rebels, December ith, 1666. 

Charles, by the grace of God, king of Scotland, 
England, France, and Ireland, defender of the 
faith, to all and sundry our lieges and subjects 
whom these presents do or may concern, greet- 
ing : forasmuch as, upon the first notice given 
to our privy council, of the rising and gathering 
of these disloyal and seditious persons in the 
west, who have of late appeared in arms, in a 
desperate and avowed rebellion against us, our 
government and laws, we declare them to be 
traitors, and discharged all our subjects to assist, 
reset, supply, or correspond with any of them, 
under the pain of treason : and the said rebels 
and traitors being now, by the blessing of God 
upon our forces, subdued, dissipated, and scatter- 
ed, and such of them as were not either killed 
or taken in the field, being lurking in the 
country ; and we being unwilling that any of 
our good subjects should be ensnared or brought 
in trouble by them, we have therefore, by the 
advice of our privy council, thought fit again 
hereby to discharge and inhibit all our subjects, 
that none of them offer or presume to harbour, 
reset, supply, or correspond, hide or conceal the 
persons of colonel James Wallace, major Lear- 

mont, Maxwell of Monrief younger, 

Maclellan of Barscob, Gordon of Parbreck, 

Maclellan of Balmagachan, Cannon of 

Burushalloch younger, Cannon of Barley 

younger, Cannon of Mordrogget younger, 

Welsh of Skar, Welsh of Cornley, 

Gordon of Garery in Kells, Robert Chalmers 
brother to Gadgirth, Henry Grier in Balmac- 
lellan, David Stot in Irongray, John Gordon in 
Midton of Dairy, William Gordon there, John 
Mai naught there, Robert and Gilbert Cannons 

there, Gordon of Bar elder in Kirkpatrick- 

durham, Patrick Macnaught in Cumnock, John 

Macnaught his son, Gordon of Holm 

younger, Dempster of Carridow, 


likewise the uselessness of inserting so many 
of their names; since converse &c. with 
such who are not named, runs a person as 
deep in guilt, as with such as are named. 
I shall make no reflections on the list in 
the proclamation. John Semple is named 
among the ministers, and every one was 
ready to take it for John Semple, minister at 
Carsfairn, whereas he was no way concerned 
in this business. Accordingly, I find this 
pious plain man, upon the 13th of Decem- 
ber, petitioning the council, " that whereas 
one of the same name with him, is insert in 
the late proclamation, as among the rebels, 
whereby he and his family living peaceably 
these fifteen months at Currie, in their old 
age, he being sixty-four, and his wife seventy 
years, are brought to great trouble, craving 
redress." Which being found true, the 
council permit him to live still there, and 

of Dargoner, of Sundiwall, Ramsay in 

the Mains of Arniston, John Hutchison in New- 
bottle, Rew chaplain to Scotstarbet, Patrick 

Liston in Calder, William Liston his son, James 
Wilkie in the Mains of Cliftonhall, the laird of 
Caldwell, the goodman of Caldwell, the laird of 
Kersland, the laird of Bedlandcunningham, 

Porterfield of Quavrelton, Alexander Por- 

terfield his brother, Lockhart of Wicket- 

shaw, Trail, son to Mr. Robert Trail, 

David Poe in Pokelly, Mr. Gabriel Semple, 
John Semple, Mr. John Guthrie, Mr. John 
Welsh, Mr. Samuel Arnot, Mr. James Smith, 

Mr. Alexander Pedin, Mr. Orr, Mr. 

William Veitch, Mr. Patton, Mr. 

Cruikshanks, Mr. Gabriel Maxwell, Mr. John 
Carstairs, Mr. James Mitchell, Mr. William 
Forsyth, or any others who concurred or joined 
in the late rebellion, or who, upon the account 
thereof, have appeared in arms in any part of 
that our kingdom ; but that they pursue them 
as the worst of traitors, and present and deliver 
such of them as they shall have within their 
power, to the lords of our privy council, the 
sheriff of the county, or the magistrates of the 
next adjacent burgh royal, to be by them made 
forthcoming to law: certifying all such as shall 
be found to fail in their duty herein, they shall 
be esteemed and punished as favourers of the 
said rebellion, and as persons accessory to, and 
guilty of the same. And to the end, all our 
good subjects may have timous notice hereof, 
we do ordain these presents to be forthwith 
printed, and published at the market-crosses 
of Edinburgh, Ayr, Lanark, Glasgow, Irvine, 
Wigton, Kirkcudbright, Dumfries, and rema- 
nent market-crosses of our said kingdom : and 
we do recommend to the right reverend our ar ch- 
bishops and bishops, to give orders that this our 
proclamation bewithall possible dilligenceread on 
the Lord's day, in all the churches within their 
several dioceses. Given at Edinburgh, the fourth 
day of l)eeember,and of ourreign the eighteenth 
year, one thousand six hundred ami sixty-six. 

CHAP. I.] 

confine him to that place, and four miles 
about it. The laird of Caldwell, and his 
neighbours before mentioned, had no legal 
evidence against them, of their being up in 
this rebellion. I have been informed, sev- 
eral here named were not concerned at all 
in the rising ; and Mr. John Crookshanks was 
killed, and nobody in hazard of reset or 
converse wit him. It may be of some more 
importance to observe, that upon December 
1st, the council without any previous trial, 
give orders to general Dalziel, "to search 
for and apprehend all persons and their 
horses, who have been in arms with the 
rebels, or are suspected since, or before the 
defeat, or who have reset, or being aiding to 
them, and to intromit with their goods ; and 
require him to quarter upon their lands with 
his forces ; and duke Hamilton is appointed 
to seize all such in Lanarkshire." This is 
three days before the former proclamation, 
which is pretended to be so much for the 
good of the lieges ; and surely these orders 
were either unreasonable, or the proclama- 
tion very useless, unless it be to convey 
down to posterity, the names of those who 
made so gallant a stand for their most valu- 
able concerns. 

Together with this proclamation, I find 
in the council registers an act of the same 
date, against presbyterian ministers, entitled, 
" act against deposed ministers." It runs 
thus, " The lords of his majesty's privy 
council being informed that there are many 
deposed ministers who have transgressed 
the act of council, of the date August 
13th, 1663, in not removing themselves and 
families out of their respective parishes, 
where they were incumbents, and not resid- 
ing within twenty miles thereof, six miles of 
Edinburgh, or a cathedral church, and three 
miles of any royal burgh, whereby they 
ought to be proceeded against as movers of 
sedition : therefore they require the arch- 
bishops of St. Andrews and Glasgow to 
ordain all bishops within their several sees, 
to cause all ministers within their respective 
dioceses, give up a list of such ministers' 
names, and of the place of then - residence, 
and in what manner they have transgressed 
the said act, and report to the archbishops, 
and they to the council." It hath been 



formerly remarked, that obedience 
to this act was next to impossible ; 
and now the primate reckons it a good season 
to harass his (once) brethren, and hound out 
the army upon them, in order to throw the 
odium of this rising upon them, when mean- 
while they were living peaceably. 

I shall make one observe further, before 
I come to give account of the severities 
upon such who were taken at Pentland ; 
and that is, this disaster, and the cruelty 
following on it, not only was matter of great 
grief and heartbreak to the most part of any 
piety and seriousness through Scotland, but 
really hastened some to their grave. One 
instance shall suffice, of that worthy old 
minister Mr. Arthur Murray, who was upon 
the matter a sufferer with those worthy 
persons, unto death. This good and aged 
man was living in the suburbs of Edinburgh, 
through which Dalziel's soldiers marched in 
triumph. When he opened his window, 
and saw them display their banners, and 
heard the shouts of the soldiers triumphing 
over the prisoners, he was struck to the 
very heart, took his bed immediately and 
died in a day or two. 

But leaving those accessory sufferers, I 
come to those who were taken in the 
engagement itself. The prisoners, about 
fifty in number, who were taken at the battle, 
were brought in by the soldiers to Edin- 
burgh, and the country people brought in 
about thirty more ; they were all crowded 
together by the magistrates of Edinburgh, in 
a place near the tolbooth, called Haddocks 
Hole, which of late is turned to a better use. 
The late French king, I am told, turned the 
noble and capacious church at Charenton, 
near Paris, to a draughthouse ; and this 
place out of which those innocents were 
taken, as sheep for the slaughter, is since 
converted to a church. Some of the better 
sort were put into the tolbooth, and as the 
council promise in their letter to the king, 
" very quick despatch was made of them." 
Bishop Sharp the president, pushed violently 
the prosecution and execution of the pris- 
oners ; and indeed his bloodthirsty temper 
at this time made him very odious. I am 
well informed, that after some of them were 
condemned, and a few executed, a letter 


,„„„ came down from the kin"; discharg- 
1666. ... ° _,, "r 

ing taking any more lives. Inis 

letter came to the primate as president, and 
ought to have by him been communicate to 
the council ; but the bloodthirsty man kept 
it up, till as many, as he had a mind should 
die, were despatched.* This foul act of his 
he was very justly charged with, by the 
persons who some years after this, took away 
his life ; and when he cried pitifully for mercy, 
he was told, that as he never showed mercy 
to others, so he was to expect none from 
them. This base breach of trust was of a 
piece with another step he took about this 
time. When the country people were rising 
in the south and west, he wrote up a letter 
to Lauderdale or Rothes, to be commun- 
icated to the king, wherein he signified, that 
all went well in Scotland, and that every 
man was in his duty, except the few fanatics 
who were in arms, whom he feared not. At 
the same time he wrote a letter to another 
nobleman at court, wherein he asserted all 
was wrong, scarce any were faithful to the 
king, and they were all sold. Both the 
letters of the same date, were read to the 
king, who now saw his dishonesty and double 
face, which he would never believe before, 
although he had several hints of it given 
him. After this, I am told, the king never 
gave him that credit he had with him before, 
and trusted him very little. 

However, at this time, with a great deal 
of willingness he presided in council. When 
they met, the first thing before them was, 
what they should do with the prisoners. It 
seemed very natural to think they had their 
lives spared by the king, in as much as they 
had quarters given them, by such who had 
the king's commission to kill or to save 
alive ; and Grotius, De Jure Belli et Pads, 
determines^ffc.? est etiam rcbcllibus servanda : 
but this reasonable and merciful construc- 
tion, agreeable to all the rules of war, was 
too moderate for our cruel bishops, and 
what their party in council would not hear 
of. And so in the first letter writ when the 

* Harriot says this letter was sent by Burnet, 
archbishop of Glasgow, and that it Avas bv him 
kept lip till after the execution of Mr. Hugh 
IM'Kail. — Barnet'a History of his Own Times, 
vol. i. p. 316.— JEd. 


prisoners were brought in, the president 
according to his cunning way of doing busi- 
ness, shuffled in the clause we have seen in 
their letter to the king, to prelimit their 
procedure, " that they would prosecute them 
with all despatch." When this matter came 
to be reasoned at the council table, Sir John 
Gilmour the best lawyer among them, de- 
clined peremptorily to give his judgment, 
knowing, as was then said, that if he gave 
his opinion for taking of their lives, he would 
go against both law and conscience ; and if 
he voted for sparing them, he would offend 
both the president and prelates. It fell very 
unhappily to one of the best of the coun- 
sellors, to give it as his opinion, when others 
were silent, that though the prisoners had 
their lives given them in the field as soldiers, 
yet this did not prejudge their trial in law 
as subjects. This was greedily backed by 
the president, and insisted on as an oracle, 
and gone into by the council, such who 
were against it inclining to be silent ; and 
the council remitted them to the criminal 
court. They say that general Dalziel, when 
he had the accounts of this, cursed and 
swore terribly, and said, were he to serve the 
king never so long, he should never bring in 
a prisoner to be butchered. 

Accordingly I find the council, upon the 
4th of December, order the king's advocate 
to pursue a process of forfeiture against 
eleven of the prisoners, who were picked 
out for the first bloody sacrifice : major 
John M'Culloch, a reverend old gentleman, 
captain Andrew Arnot, brother to the laird 
of Lochridge, Thomas Paterson, merchant 
in Glasgow, who was sentenced with the 
rest, but died of his wounds in prison ; the 
two Gordons of Knockbreck, John Parker 
in Busbie, Gavin Hamilton, James Hamilton 
in Kilmuir, John Ross in Mauchlin, John 
Shields in Titwood, tenant to Sir George 
Maxwell of Nether-pollock, Christopher 
| Strang, tenant in Kilbride. Those are to be 
indicted before the criminal court, or rather 
I two criminal judges, for treason and rebel- 
lion : and the council allow them Sir George 
Lockhart, Sir George Mackenzie, Mr. Wil- 
liam Maxwell, and Mr. Robert Dickson, for 
advocates. So upon the same day, Sir John 
Hume of Renton, justice clerk, one of the 

CHAP. I.] 

greatest zealots for the prelates in Scotland, 
and Mr. William Murray advocate, justice 
depute, sit down as their judges, in the 
tolbooth of Edinburgh. They heard the 
advocates plead a little for form's sake ; but 
very quickly they came to sentence, finding 
them guilty, and ordering them to be hanged 
at the Cross of Edinburgh, upon the 7th of 

That the reader may have a full view 
of the reasonings pro and con., and the 
method taken with these worthy persons, I 
have inserted at the foot of the page the 
whole of their process, extracted out of the 
records of the criminal court, and the coun- 
cil's act as to the disposal of their heads 
and arms." This extract is in print in a 

* Process against captain Andrew Arnot, Sfc. 
December ith, 1666. 
The process and indictment of these first ten 
martyrs of Jesus Christ, who (besides Thomas 
Paterson who died of his wounds in the tol- 
booth) suffered together at Edinburgh, De- 
cember 7th, 1666. 
Curia justiciaria S. D. N. regis, tenta in praeto- 
rio burgi de Edinburgh, quarto die mensis 
Decembris, 1666,per dominum Joannem Hume 
de Rentoun, justiciariae clericum, et Guliel- 
mum Murray advocatum, justiciarum depu- 

Curia legittime affirmata, 
Captain Andrew Arnot, 
Major John M'Culloch, 
Gavin Hamilton in Mauldslie in Carluke 

John Gordon of Knockbreck, 
Christopher Strang tenant in Kilbride, 
Robert Gordon brother to John Gordon of 

John Parker walker in Kilbride parish, 
John Ross in Mauchlin, 
James Hamilton tenant in Killimuir, 
John Shiels in Tit wood. 

You, and ilk one of you, are indicted and 
accused for that, albeit by the common law, and 
the law of nations, and the law and practick of 
this kingdom, and many clear and express acts 
of parliament, the rising of his majesty's sub- 
jects, or any number of them, and the joining 
and assembling together in arms, without com- 
mand, warrant, or authority, and specially, 
when the same is not only without, but against, 
and in opposition to his majesty's authority and 
laws, are most horrid and heinous crimes of 
rebellion, treason, and lese-majesty, in the high- 
est degree, and all persons committing, and 
guilty of the said crimes, or any wise accessory 
thereto, or who doth abet, assist, reset, inter- 
commune with, or keep correspondence with 
such rebels, or any wise doth supply them in 
any manner of way; or being required by 
proclamation, or otherwise, doth not rise with 
and assist his majesty's lieutenant-general, and 




begun account of the sufferings of 
these times, entituled " Sampson's 
Riddle." That work being stopt in Holland, 
by the gentleman's death who was at the 
charges of it; and that imperfect part of 
which was got printed, being but in the 
hands of a few, I have here, in the Notes, 
taken several original papers relative to the 
sufferers at Pentland, from it, after I had 
collated them with the justiciary records. 
In the meantime, to satisfy the reader's 
longing, he may here take a short account 
of that process from the unsuspected hand 
of Sir George Mackenzie, in his Criminals, 
Part II. Tit. 16. Par. 2d. " The most con- 
siderable military questions, saith he, which 
I remenJber in all the adjournal books, are 

others having power and authority, for repress- 
ing these rebels, ought to be proceeded against, 
and severely punished as traitors, conform to 
the laws and acts of parliament of this kingdom : 
and in particular, it is statute and ordained, by 
the third act of king James I. his first parlia- 
ment, that no man openly or notourly rebel 
against the king, under the pain of forfeiting 
life, lands, and goods; and by the twenty-seventh 
act of the said king James his second parliament, 
it is statute, that no man wilfully reset, maintain, 
nor do favour to open and manifest rebels, 
against the king's majesty, and common law, 
under the pain of forfeiture ; and by the four- 
teenth act of king James II. his sixteenth 
parliament, entituled, " that no rebel against the 
king's person or authority," it is statute, That 
whosoever doth rebel against the king's person 
and authority, or makes war against the king's 
lieges, that they should be punished according 
and after the quality of their offence and rebel- 
lion ; and by the twenty-fifth act of the said 
king James II. his sixth parliament, entituled, 
"sundry points of treason," it is statute, That if 
any man commit or do treason against the king 
his person or authority, or rise in feir of war 
against him, or resets any that has committed 
treason, or supplies him in help, red or counsel, 
shall be punished as traitors ; and the hundred 
and forty-fourth act of king James VI. his 
twelfth parliament, it is statute, That wherever 
any declared traitors or rebels repair in any place 
of this realm, none of our sovereign's lieges shall 
presume to reset, supply or intercommune witli 
them, or to give any relief or comfort ; and that, 
immediately upon knowledge of their repairing 
to the bounds, all his highness's obedient subjects 
do their exact diligence in searching and appre- 
hending the said traitors and rebels, and that 
with all speed they certify his majesty, or some 
of his secret council, or some chief persons of 
authority and credit within the shire, that such 
rebels are within the same, under the pain that 
the said traitors and rebels ought to sustain, if 
they were apprehended, and convict by justice : 
likeas by the fifth act of his majesty's late 
parliament, and first session thereof, it is declar- 
ed, that it shall be high treason to the subjects 



first, that which was debated De- 
cember 5th, 1666, the case whereof 

was : some west country men had formed 

themselves in an army, and were declared 

traitors by the council, and being thereafter 
beat at Pentland Hills, captain Arnot, major 
M'Culloch, and others, were taken by some 
of his majesty's inferior officers upon quarter : 

of this kingdom, or any number of them more 
or less, upon any ground or pretext whatsomever 
to rise, or continue in arms, to make peace or 
war, or make any treaties or leagues with 
foreign princes or estates, or amongst themselves, 
without his majesty's special authority or appro- 
bation first interponed thereto ; and his majesty's 
subjects are discharged, upon any pretext what- 
somever, to attempt any of these things under 
the said pain of treason : and by the seventh act 
of his majesty's foresaid parliament, and first 
session thereof, all his majesty's subjects are 
discharged and inhibited, that none of them pre- 
sume, upon any pretext or authority what- 
somever, to require the renewing or swearing 
the league or covenant, or of any other covenant 
or public oaths, concerning the government of 
the church or kingdom, without his majesty's 
special warrant and approbation, and that none 
of his majesty's subjects offer to renew, or swear 
the same, without his majesty's warrant as they 
will be answerable at their highest peril : never- 
theless, ye, and your complices, shaking off all 
fear of God, and conscience of duty, allegiance 
and loyalty to his sacred majesty, your native 
and sovereign prince, and natural tenderness to 
your country, have most perfidiously and trea- 
sonably contravened the said laws and acts of 
parliament, and committed the said crimes in 
manner after-specified : in so far as this his 
majesty's ancient kingdom, having for many 
years suffered and endured all the calamities, 
miseries, tragical effects and consequences of a 
civil and intestine war, and foreign usurpation ; 
and now, after his majesty's happy restitution, 
beginning to recover, of so long and wasting 
a consumption, through the blessing of God, 
and his majesty's incomparable goodness and 
clemency, having by an act of oblivion secured 
the lives and fortunes of you and others, who 
were conscious to themselves, and might have 
justly feared to be under the lash and compass 
of law and justice ; and when his majesty and 
his good people had just reason to expect security 
and quiet at home, and assistance against his 
enemies abroad ; yet ye and a party of seditious 
persons, retaining and persisting in your invet- 
erate disloyalty and disaffection to his majesty's 
government and laws, did take advantage and 
opportunity of the time, when his majesty was 
engaged in a chargeable and bloody war with 
divers his neighbour princes and states, being 
jealous of and envying his majesty's greatness 
and prosperity, and the happiness of these 
kingdoms under his majesty's government, and 
having contrived and projected a most horrid 
insurrection and rebellion, tending to involve 
again his majesty's kingdoms in blood and con- j 
fusion, and to encourage and strengthen his 
enemies, did rise, convene, and assemble your- 
selves together in arms, and, upon the day 

of November last, did march to, ami enter 
within his majesty's town of Dumfries, in an 
hostile manner, with your drawn swords and 
other-arms, and did beset the house where Sir 
James Turner, one of the officers of his majesl jr's 
forces, was lodged for the time, and did violently 

seize upon the said Sir James his person and 
goods within his lodging, and did detain and 
carry him about with you captive and as a 
lawful prisoner taken from an enemy, and did 
search for and would have taken the minister of 
the said town, if he had not escaped; and while 
ye were in the said town, ye and your complices 
did many other acts of insolence and rebellion, 
and having in manner foresaid, openly avowed 
and proclaimed your rebellion, in so public and 
insolent a way, to the great contempt and affront 
of authority, ye and your complices, in pursu- 
ance thereof, by yourselves and others your 
emissaries and instruments, sent up and down 
through the country, of purpose to be trumpets 
of your sedition, did convocate his majesty's 
people and subjects, and did endeavour to stir 
them up and persuade them to join in the 
foresaid rebellion, and did seize upon the persons, 
horses, and arms, and plunder and rifle the 
goods and houses of divers his majesty's good 
subjects, and in special of faithful and loyal 
ministers, and by seditious sermons, insinua- 
tions, and other practices, did so far prevail 
within the stewartry of Kirkcudbright, and 
shire of Wigton, and shires of Ayr, Lanark, 
and other western shires, the many persons 
flocking and resorting to you, ye had the bold- 
ness to send a considerable party to his majesty's 
town of Ayr, and did seize upon and take all 
the arms were there, and not being content to 
proceed to the height of rebellion in manner 
foresaid, ye and your complices did presume to 
regulate your monstrous and irregular rebellion, 
in the formality and frame, and under the name 
and notion of an army, and to form and model 
yourselves in troops, companies, regiments, and 
to name captains of foot, commanders of troops, 
and other officers, under the command of James 
Wallace of Achens, Joseph Learmont, and other 
persons of known disaffection to his majesty 
and his government; and though his majesty's 
lieutenant-general did march speedily for repress- 
ing the said rebellion and insurrection, and his 
majesty's privy council did emit and issue a 
proclamation, declaring the said insurrection 
to be a manifest and horrid rebellion, and high 
treason, and commanding the said rebels to 
desist and lay down arms ; with certification, if 
they should continue in their rebellion, they 
should be proceeded against as desperate ami 
incorrigible traitors, and discharging all his 
majesty's subjects to join, reset, supply, or inter- 
commune with them, and commanding them to 
rise and join with his majesty's lieutenant 
general, and the forces under him, under the 
pain of treason ; yet ye and your complices did 
obstinately continue, and march in arms through 
the country with your modelled army, as it you 
had been an enemy, and in capacity to encounter, 
and dispute by arms with your sovereign lord 
and his forces, and did in a warlike and hostile 
manner and posture, enter within bis majesty's 
town of Lanark, and there upon Monday the 
26th of November last, to palliate your rebellion 
with the colour of religion, did renew and take 
the oath ol the COVeni nt, and thence did march, 

CHAP. I.] 

but being pannelled before the justices as 
traitors, it was alleged for them, that they 
could not be put to the knowledge of an 
inquest before the justices, because they 



quartering all alongst upon, and oppressing his 
majesty's subjects, until ye had the boldness and 
confidence to approach within two miles of his 
majesty's city of Edinburgh, where his majesty's 
judicatories and lords of his majesty's privy 
council and session were sitting for the time ; 
and having quartered all night within the parish 
of Collinton, at so near a distance from the said 
city, ye and your complices, upon Wednesday 
the 28th of the said month of November last, did 
dare and presume to encounter, engage, and 
fight his majesty's army and forces, under the 
command and conduct of his majesty's lieuten- 
ant-general, and other officers, at Pentland 
Hills, and did wound and kill in the said tight 
and conflict, divers of his majesty's good subjects, 
and did all ye could to destroy his majesty's 
army, until, by the mercy of God, and conduct 
and valour of his majesty's lieutenant-general, 
and other officers and soldiers under him, ye 
were vanquished, routed, and dissipated, in 
doing of which, and one or other of the said 
deeds, ye have committed and incurred the 
crime and pain of treason, and are guilty of 
being authors, actors, abettors, and accessory to 
the said rebellion, and are art and part of the 
same, and therefore you, and ilk one of you, 
ought to be exemplarily punished with the loss 
and forfeiture of life, land, and goods, as traitors 
to his majesty, to the terror and example of 
others to commit the like hereafter. 


Sir John Nisbet of Dirleton, knight, his majes- 
ty's advocate. 


r Sir George Lockhart, 
\ Sir George Mackenzie, 
Advocates, < Mr. William Maxwell, 
/ Mr. William Hamilton, 
V Mr. Robert Dickson. 

My lord advocate produced an act, and ordi- 
nance of his majesty's secret council, bearing 
that the lords of his majesty's privy council, 
ordained Sir John Nisbet his majesty's advocate, 
to pursue with all diligence a process of forfeit- 
ure, before the justices, against Thomas Paterson 
inGlasgow, major John Maculloch, John Parker, 
walker, John Gordon of Knockbreck, Robert 
Gordon his brother, John Ross in Mauchlin, 
John Shiels tenant to Sir George Maxwell, 
Gavin Hamilton, Captain Andrew Arnot, James 
Hamilton in Killimuir, and Christopher Strang, 
prisoners in Edinburgh, for their late rebellious 
insurrection against his majesty. Extr. by 

Pet. Wedderburn. 
Compeared Sir George Lockhart, Sir George 
Mackenzie, Mr. William Maxwell, Mr. William 
Hamilton, and Mr. Robert Dickson, advocates, 
and produced an act of his majesty's privy coun- 
cil, dated at Edinburgh the fourth of December 
instant, granting power and warrant to the 
forenamed persons, to compear and plead for 
all those persons who are to be impannelled 
before the justices, upon this day, for rebellion. 
Extr. by 

Pet. Wedberburn. 


having been modelled in an army, 
and taken in the field fighting as 
soldiers, they behoved to be judged by the 
military law, and by that law such as get 

Sir Alexander Urquhart of Cromarty, 

Sir Hary Hume of Heidrig, 

Sir Lawrence Scot of Clerkington, 

Sir Alexander Forbes of Tolquhone, 

John Hume, servitor to the earl of Hume, 

Walter Forbes of Blackton, 

Adam Hepburn of Humbie, 

Alexander Sandilands, merchant in Edin- 

John Johnston, merchant there, 

William Hay, merchant there, 

Walter Burn, merchant there, 

John Lyon, merchant there, 

John M'Gill, merchant there, 

James Cowan, merchant there, 

George Graham of Cairny. 
Mr. William Maxwell for the pannels alleges, 
the pannels cannot pass to the knowledge of an 
assize upon this indictment, nor no process 
against them upon this citation, because this 
being an indictment of treason, all charges to 
be given to persons so indicted, ought to be by a 
lyon herald, pursuivant or macer, and is so 
ordained by act of parliament, James VI. p. 12. 
cap. 125. in anno 1492. But so it is that thir 
pannels are not charged by heralds, pursuivants, 
or macers, conform to the act, and therefore are 
not obliged to answer. My lord advocate 
answers to the allegance, that it ought to be 
repelled, as no ways relevant, because the act of 
parliament doth militate only in the case, when 
any person is charged by letters of treason, to 
deliver their houses, or do any other thing under 
the pain of treason, and doth not militate in the 
case of citations, and specially in this case, where 
the parties are imprisoned ; and the daily uncon- 
troverted practick is opponed, there being noth- 
ing more ordinary than the person guilty of 
crimes, and especially of treason, and being in 
hands and prison for the same, should be brought 
to trial without any other formality or citation, 
but giving them adittay. Sir George Lockhart, 
for the pannels, replies, that the defence stands 
relevant, notwithstanding of the answer, because 
the act of parliament is opponed, which bears 
the express reason thereof, to be founded upon 
the importance and weightiness of the crime of 
treason, which equally militates, whether the 
parties accused of such crimes be in prison, yea 
or not; and practice and custom has cleared the 
sense of the said act of parliament : for it is 
notour and known, that all indictments of 
treason, before the last act of parliament, given 
to parties accused thereof, albeit in prison, yet 
was done by heralds and pursuivants, as being 
the solemnity required by the said act ; and 
there is no warrant from the act of parliament, 
to restrict it to the case of charging for delivery 
of houses, or the like. Sir George Mackenzie, 
for the pannels, says further, that the defence 
stands relevant, notwithstanding of the answer, 
seeing an indictment is a summons and citation ; 
and the act of parliament is opponed, declaring, 
that if any other execution of treason shall be 
otherwise executed, the same shall be null; and 
the particle any, comprehends all, and therefore 




[book II. 

quarter in the field, are by that i no quarter but where there is a helium jus- 
quarter secured therein for their turn, and it is not the number nor form of 
lives, and cannot be hereafter quarrelled. I the army, but the cause that makes helium 
To which it was replied, that there can be \justum ; and public insurrections of subjects 

the act is conceived in the same terms, a3 if it 
had said expressly, that all executions of treason, 
not executed in manner foresaid, shall be null : 
and Skene does explain the same in manner 
foresaid; neither can the act of parliament be 
restricted to executions anent delivering of 
houses, seeing, after that part of the act is 
finished, this begins with a new distinction and 
item. My lord advocate replies, The former 
answer, and act of parliament opponed, being 
clear and express anent charges and executions 
under the pain of treason ; whereas the dittay 
and charge given to the pannels, bears no certi- 
fication that they should appear under the pain 
of treason, and cannot be subsumed, conform to 
the act of parliament, that the execution in ques- 
tion is an execution under the pain of treason ; 
and for the citation, the time of the late par- 
liament, it cannot be obtruded, because such 
solemnity, if any was used before so high a 
judicatory as the parliament, was unnecessary and 
superfluous, and superjliia non nocent, and cannot 
be urged as a practick. Mr. William Maxwell, 
for the pannels, duplies, That the defence stands 
relevant, notwithstanding of the replies, that 
whereas it is alleged, that the act is only where 
there is a certification under the pain of treason; 
but this dittay bears no certification of such a 
pain : it is answered, that the dittay concludes 
the pain of treason ; so that the certification 
and conclusion are idem ; and there is no letters 
for treason, or indictment for treason, but the 
pain and certification is treason ; and so the 
defence stands good from the act of parliament. 
And whereas it is alleged, that the citations 
before the parliament by heralds, the parliament 
being so supreme a judicatory, was superfluous ; 
it is answered, The parliament being a supreme 
judicatory, they might the better dispense with 
it, and yet all these charges was by lyon-heralds ; 
but the justices, in their proceedings, are tied to 
proceed conform to the laws of the kingdom. 

The justices repel the allegance proponed for 
the pannels, in respect of the reply. 

Sir George Lockhart, for the pannels, alleges, 
that the dittay cannot be put to the knowledge 
of an assize, whereupon to infer and conclude 
the pain of death against the pannels, because, 
always denying the dittay, yet albeit the pannels 
had been accessory to the acts and deeds of 
rebellion libelled; yet, as it is acknowledged by 
the dittay itself, they did frame' and model 
themselves in the notion of officers, regiments, 
companies) and were assaulted by his majesty's 
lieutenant-general, and forces, who, by virtue 
of his capacity and commission, he, and all 
officers and soldiers under his command, might, 
and tie facto did, upon the taking and apprehen- 
sion of tbe pannels, grant them quarter, where- 
upon they were taken, and laid down their 
arms: and which quarter being publico, fides, 
and offered and granted to the pannels in man- 
ner foresaid, should be inviolably observed, and 
secure them as to their lives. My lord advocate 
answers, That the former allegance ought to be 
repelled, as most irrelevant, and having no 
ground and foundation in law: and as to that j 

pretence that is acknowledged in the dittay, 
that the pannels, and their complices who 
joined with them in the late rebellion, did 
model themselves in companies and regiments, 
and in an army ; it is most absurd to infer from 
that, which is libelled as an heinous aggravation 
of their presumption and rebellion, that thev 
should have had the boldness as to put, or think 
themselves in a capacity to dispute by arms 
with their sovereign lord and master, should 
be a ground of defence or extenuation. Aud as 
to that assertion, that the general, and not only 
he, but his inferior officers, and the meanest of 
his soldiers, was in a capacity to grant quarters, 
and to secure the lives of rebels and traitors : it 
is a most unwarrantable and illegal assertion, 
and, with all respect to the gentlemen that 
oppone the same, it is answered, that it is an 
allegance most derogative to his majesty's royal 
power and prerogative, who only has power to 
remit crimes, and in special treason, the greatest 
of crimes ; so that either to assume, or to give 
and prostitute so high a prerogative, to any 
other persons, and especially to officers and 
common soldiers, it does reflect upon his royal 
majesty, unless it were relevantly alleged, that 
his majesty had, by his commission, given so 
high power expressly to his general and soldiers, 
to remit and secure the lives of traitors, which 
cannot be fancied, much less alleged : and as to 
the point and pretence of quarters, and that 
ipso facto thir persons being found in arms, got 
quarters, and were secured as to their lives, • 
even in other cases, it is not questionable ; and 
though, ex honestate, it may be pretended, that 
in hello justo the persons that are taken upon 
quarter may be spared, yet, ex necessitate, there 
is no obligation to that purpose, except when an 
express capitulation and deditio, and explicit 
paction to that effect is exprest; but in this case, 
it is without all question, where there is not 
helium justum, but perduellio, there is not liostes, 
but proditores, there is not the least shadow of 
pretence for the plea of quarters, except his 
majesty had expressly empowered his general, 
and all under him, to secure the lives of rebels 
subdued by them. And that we are not in the 
case of helium justum, which is only betwixt 
princes or states that have no dependance one 
upon another, and cannot debate and decide the 
ditt'erence but by the law of arms; and helium est 
inter pares, judicium in suhditos. And that in 
this case there is no jura belli, either postliminium, 
quarters, or such like; seeing, by the common 
law, resistentia suhditorum is altogether forbidden 
as unlawful; and they are not hostes but prcedo- 
nes, and by the law of this nation, and specially 
the acts of parliament that are cited in the 
dittay, it is not war or hi II u m, hut treason in 
the highest degree, for any Dumber of his 
majesty's subjects to rise in anus, without 
(though it were net against) his majesty's 

authority, as in the case of this rebellion; so 
that seeing we are not in the Case of billum, this 
pretence being founded upon a pretended belluin 

justum, is most irrelevant, specially, being con- 
sidered, that his majesty's council, in pursuance 

CHAP. I.] 

against their prince, are rather sedition than 
bcllum ; and these insurrections being trea- 
son, none can remit treason but the king, 
and therefore quarter could not be equiva- 


lent to a remission 


of their duty, for repressing the said rebellion 
and treason, has emitted a proclamation founded 
upon the common laws, and the laws of the 
kingdom, declaring the same to be rebellion and 
high treason, and commands the rebels to lay 
down arms ; with certificatjon, that if they 
should continue in arms, they should be holden 
and proceeded against as desperate and incorri- 
gible traitors, and should be incapable of all 
mercy or pardon. 

Sir George Mackenzie, for the pannels, 
alleges, that the pannels, and such as appear 
for them, (except Arnot, for whom they do not 
allege the getting of quarter,) do, with all sub- 
mission to his majesty's prerogative, propone 
both the foresaid defence and this duply, intend- 
ing to assert his majesty's prerogative, by shel- 
tering themselves under his mercy, and acknow- 
ledging that his power is so great, that the 
meanest of his soldiers can give quarters; and, 
without debating the justness of the war, which 
they here decline, it is alleged for them, that 
crtpti in bello, abstracting from justum or injustum, 
are in its latitude capable of quarter, and quar- 
ters being given them by such as are listed 
soldiers, doth secure them as to their life, seeing 
eo ipso that soldiers are commissionate and 
listed, they have power for that which is neces- 
sarily inherent in their employment, and quarter 
uses to be valued jure belli, when given by the 
meanest soldier ; for such only use to give 
quarter, general persons and superior officers 
not being ordinarily in use to take prisoners : so 
that seeing these had power to give (which is 
only here controvertible) when given, it is 
valid, without debating the justness of the war ; 
for seeing any of the pannels, being then in 
arms, might have disputed and defended his 
own life, and might have possibly reached the 
lives of the greatest that opposed them, in 
accepting of quarters, and laying aside these 
arms, they have in effect ransomed their own 
life, and exchanged it in favours of his majesty 
and his forces, with the lives of others : and 
many lawyers debating this subject, call this a 
transaction, and that it should be kept upon that 
account, as namely, Grotius in his 11th chap. 
14th parag. 3d book, where he debates this case 
indefinitely; and Claudius dc Cotte, de jure et 
privelegiis militum, Paris De Puteo de re militari. 
And in reason, soldiers, who may defend their 
own life, are not obliged, nor is it in use when 
quarters are offered them, to seek the granter's 
commission, seeing nee mora patitur, nee est 
consentaneum natures actum, private soldiers 
being in use generally to grant the same ; and 
what is customary semper inest, except it be 
expressly forbidden, and the prohibition so 
known to the transgressors that they are thereby 
put in mala fide. And the difference betwixt 
quando jzistum et injustum, lies not here, seeing 
the reason of quarter is the sparing, in prudence 
the blood of the one party, and conserving, in 
humanity, that of the other, the one whereof isat 
least common to both helium justum et injustum, 
but the difference is, that in hello junto prisoners 
taken (though without quarter) cannot be killed, 


but all the 
effect of quarter in this case is to 
secure these who get the same, from present 
death. To which it was duplied, that all 

but in injusto they may, except they have quar- 
ter, and that quarter is given betwixt king and 
subjects, when formed once (whether justly or 
unjustly) in modelled armies, which is offered to 
be proven by persons that understand that trade, 
to have been actually allowed betwixt the 
Hollanders and the king of Spain, betwixt the 
protestant Rochellers in France and the king, 
and allowed by his majesty's forces in the hills, 
and the rebellious English, though there was 
no just war among those parties, upon the 
ground foresaid ; neither is it debated that any 
but his majesty can grant remissions ; but in 
listed soldiers their giving of quarters, his 
majesty doth in effect give it : and seeing neither 
armies nor soldiers could subsist without quarter, 
quando aliquid conceditur, omnia concessa viden- 
tur, sine quibus prineipale concessum consistere 
nequit ; and as the council for seen reasons, 
might, without express warrant from his ma- 
jesty, have secured, upon submission, the lives of 
those prisoners, so might much more soldiers, 
whose proper trade and calling it is. •• 

Sir George Lockhart, for the pannels, answers 
further, that the foresaid reply for the pannels, 
founded upon the offering of quarters, and the 
pannels accepting of the same, stands relevant, 
and is no way elided by the foresaid answer ; 
and that there may be no mistake of what the 
pannels and their procurators plead, under the 
terms and notion of quarters, it is condescended 
that quarter, mentioned in the defences, propon- 
ed and understood in thir terms, viz. that the 
pannels being in arms and actual resistance, and 
not in the power of the takers, did give up their 
arms, and became in the power of the takers, 
upon the granting of quarter, and that quarter 
so given, should in law operate the security of 
the lives of the persons so taken, is evident and 
apparent, in so far as it is a transaction and 
paction, and fides data est accepta, and accord- 
ingly fulfilled upon the part of those who were 
taken : and in law, all pactions and transactions 
being justitice commutative, it abstracts and does 
not consider the quality and merit of persons, but 
the terms, sense, and meaning of such pactions 
and transactions. And whereas it is pretended, 
that the granters of quarters, specially mean 
soldiers, had no power to do the same, as in- 
trenching upon his majesty's prerogative ; it is 
answered, that it ought to be repelled, because 
what his majesty's officers and soldiers did act, 
consequently and suitably to the nature of their 
offices, and to the exercise of their duties, did 
flow from, and was warranted by his majesty's 
authority : so that they ought not to be contra- 
distinguished, the authority of his majesty's 
officers and soldiers being derived from his 
majesty, as the fountain of the same : but 
specially in this case, where first, before they 
did enter in fight, there was no discharge nor 
prohibition as to the granting of quarter, but on 
the contrary, the lieutenant-general and all the 
officers being present, were witnesses to the 
granting of quarter, and thereby the same were 
not acts of simple soldiers, but acts warranted! 
and authorized bv the knowledge and allow an 


irfi „ who get quarter from any who are 

authorized to be soldiers, are by 

that quarter secured against that authority 

from whom these soldiers derive their power; 


and these who get the quarter, are not 
to dispute whether these soldiers had a 
sufficient power to give quarter, or whether 
helium be justum or injustum, for that were 

of persons having supreme commands. And as 
to that part, that there was not helium justum 
upon the part of thepannels and their complices, 
it is answered, that the pannels do with all sub- 
mission and humility acknowledge the same, 
but the consequence that can be inferred there- 
upon, is not that quarter given should not be 
observed, but that quarter might have been 
justly refused; and there is no doubt but jura 
belli, which do naturally arise, without express 
covenant and paction cannot be. extended to 
this case ; but notwithstanding thereof, where 
quarter was granted in manner foresaid, it 
cannot be so interpret in law or reason, as to be 
a snare to any who were resisting the power of 
the granters, justly or unjustly: and it is a 
common and known distinction inter deditos et 
captos, the first being in the case of a simple 
surrender, which can import no more but at 
most a submission upon mercy, but is far other- 
wise in the case of persons taken upon the 
express terms of granting and accepting quarter ; 
and that this position is neither absurd nor 
illegal, nor destitute of the authority of eminent 
lawyers, and the practices of most famous and 
military nations, may appear from the judicious 
and learned Grotius, who has writ ex institute-, 
and most excellently upon the same subject, 
which he entitles, dejure belli et pads ; and who 
in his 19th chap. 3d book, entitled, de fide inter 
hostes, 6th parag. after having premised what does 
import fides, which he resolves not only to be 
inferred from writ and words, but even from 
sense known and customary, he does expressly 
state this question, quid ergo dicemus de subdit- 
orum bellis, adversus reges aliasque summas potes- 
tates? Where he resolves the question upon 
the former ground, that paction and transaction 
do abstract from the quality and demerit of 
persons, that illis etiam fides data servanda est, 
et generaliter fidem datam servandam' etiam per- 
fidis ; and the reason is clear, because there is 
no apparent reason why the granters of quarters, 
having interponed their faith, should violate the 
same. And as to that pretence, that none grant 
quarters but these who remit the crime of 
treason, it is answered, that it is humbly con- 
ceived there is a vast disparity ; for in the act of 
remission of either the crime of treason or any 
other, it is pura oblatio, and the sole act of the 
granter ; whereas the granting of quarters is by 
■way of paction and transaction, in impetu et 
furore belli, and in contemplation whereof, the 
persons, supposing themselves secured as to their 
lives by quarter, became in the power of the 
granters without resistance. And as to that 
ground, that his majesty, by the authority of 
the lords of his privy council, did emit a procla- 
mation declaring, that the convocation libelled 
was a rebellion, and that all who were accessory 
thereto, if they did not lay down their arms, 
should be incapable of mercy ; it is answered 
first, that this proclamation was not intimate to 
the pannels, nor did consist in their knowledge; 
yet suppose it had been known, it cannot elide 
the quarter eranted to the pannels, because 
notwithstanding of any such proclamation, his 

majesty's officers and soldiers did grant the same 
long after the emitting of the proclamation ; and 
the pannels were in optima fide, finding his 
majesty's officers and soldiers willing, who can- 
not be supposed but to have known his majesty 
and the lords of his privy council, their sense 
and meaning of the proclamation, which behoved 
to have restrained them from giving of quarter ; 
yet notwithstanding, seeing the same was grant- 
ed the pannels had reason to believe that they 
were sufficiently warranted to that effect, and 
have rested upon their faith in accepting the 
same ; and albeit by proclamation they were 
declared incapable of mercy, that neither in rea- 
son or words can be interpreted to the case of 
quarter, which was not an act of simple mercy, 
but upon paction and transaction. Sir George 
Mackenzie adds to this former allegance, that 
pactions betwixt king and subjects, though they 
cannot be forced, and it is rebellion in subjects 
to require them, yet being once made, they not 
only are ordinarily kept among all nations, but 
his majesty who now reigns, having made with 
the greatest of the rebels a more dishonourable 
paction, did observe the same, viz. the parlia- 
ment 1649, which his majesty ordered to be 
observed by an express order. 

My lord advocate answers and triplies, lmo, 
Though we were in bello, as we are not, aDd in 
the case of quarter, yet the allegance is no ways 
relevant as it is proponed and qualified, and it is 
not condescended, what persons did give quar- 
ters to the pannels or any of them, nor in what 
terms; and to infer quarters and impunity from 
the naked taking of the pannels, and because 
they are prisoners, it is without any law or 
reason, seeing the pannels might have been 
overpowered and taken ; and it is to be presum- 
ed, that his majesty's army being more numerous 
and victorious, that they were overpowered and 
vanquished, and that they were not taken either 
upon an express or an implicit condition or 
capitulation, and the rebels being routed, it 
cannot be thought that his majesty's officers and 
soldiers, and persons of such valour, would have 
given quarters, upon account of a pretended 
transaction, and in order to their own safety, 
and that they would owe their lives dishonour- 
ably to traitors. 2do. The former answer is 
repeated, and it is most evident, that we are not 
in the case of quarters, and though, where there 
is bcllum, and where there is the relation of 
hostes, it may be pretended that quarters ought 
to be observed, with abstraction from the quality 
of the difference of the war, whether just or 
unjust, as when war betwixt his majesty and 
any his neighbour princes and estates, though it 
be unjust upon the part of these enemies, quar- 
ters may and ought to be kept ; yet in this case 
where there is no helium but rebtuio etpndiHo et 
Icrsio 7tia\sta/is, where there is not notlet but 
pradoneti such as all persons are, that are in the 
condition of the pannels, who perfidiously do 
rise up against their sovereign lord, there GUI be 
no pretence fur any privilege of jut beOi ami of 
quarters: ami as to that pretence, that fides 
publico est tervanda, it is without all question, 


in effect to destroy quarter in ail cases, and 
to make all such as take up arms, to be 
desperate and irreclaimable, and the power 
of giving of quarter is naturally inherent in 


that when fides is given by an express treaty, 
not only between his majesty and any other 
stranger, princes, or states, but betwixt his ma- 
jesty and his subjects, by an act of pacification 
or any other treaty, ought to be observed reli- 
giously ; but we are not in the case where fides 
publico, is given either by his majesty, or any 
authorized by him, and having express power to 
that purpose, and that his majesty's general, or 
his officers or soldiers, has power to grant any 
such fides, unless the commission were express to 
that purpose, is petitio pHncipii, and is altogether 
denied, and that the most that quarters can 
import in this case, though it could be made out 
that quarters were granted, is, that the general, 
or his officers and soldiers, by granting of quarters 
might have secured them as to that which were 
in their power, viz. that they should not then 
be presently cut off; but that they should have 
secured them from that which was not in their 
power, from the just stroke of justice, is alto- 
gether denied. And as to the pretence of trans- 
actions, and the reasons and arguments adduced 
for the pannels to that purpose, if there were 
any weight therein, the most it could operate, 
were to be motives for making a law to that 
purpose, that his majesty's officers, eo ipso, that 
they are in power to serve under him, should 
have power by granting of quarters, to secure 
the lives of traitors ; but there is no such law ; 
and a general being commissionate, and having 
gone to suppress rebels, without any hint to the 
purpose foresaid, the defence being neither 
founded on the common law, nor upon laws nor 
acts of parliament known in this country, is 
most irrelevant, specially being considered that 
it is an undoubted principle, that treason, being 
of so high a nature, cannot be remitted but by an 
immediate grant and remission of his majesty 
under the great seal, or some person having 
commission under the great seal expressly. As 
to the authority from the lawyers mentioned 
in the allegance, they are but the opinions of 
private men, and do not amount to the authority 
of a law, specially in this kingdom, there being 
clear and express acts of parliament and funda- 
mental laws, that his majesty's lieges and people 
should be governed and judged by his majesty's 
laws allenarly, and not by the laws of any 
nation, and much less by the simple opinions 
and school dictates of lawyers: likeas, the said 
authorities, though they •were of any weight, 
they do not meet nor quadrate the case in ques- 
tion, in respect they are only the case of bellum, 
as said is, or when there are express and public 
transactions, by treaties, edicts, or acts of amnesty 
and oblivion. And Grotius, though he might 
be suspect, as being the subject of an estate who 
had shaken off the government of their prince ; 
yet he is most clear in the case, that there is no 
helium betwixt subditi and their sovereign lord, 
and that resistentia subditorum is vetita omni jure, 
and cannot pretend to the jura and rights and 
privileges of war, unless the sovereign authority 
be pleased to condescend so far, as to capitulate 
expressly and treat with the subjects ; and it is 
a most groundless pretence, that of a transaction 


all soldiers as such : and as the 
council, without express remission 
from the king, upon submission, might have 
secured their lives, so might soldiers by 

between the general, or any soldiers or officers 
as to the matter of quarters, seeing it cannot be 
said that the general had power to transact by 
an express capitulation betwixt him and the 
rebels ; and it is without all question, that the 
general could not have secured the rebels of 
this army, by a transaction by himself, without 
express warrant from his majesty, or from his 
council ; and consequently seeing by a downright 
and express transaction of treating, he could not 
secure traitors, it is gratis and without warrant 
asserted, that he, and much less his officers and 
common soldiers, could, by a pretended implicit 
transaction, secure and indemnify traitors; and 
it is without all question, notwithstanding of the 
pretences in the contrary, that the general had 
no power to grant the said security, if his com- 
mission had related to quarters, as it could not do 
in this case, having to do with rebels and traitors, 
and not with an enemy ; and if his commission 
had been express, that he should not have power 
to secure the rebels by quarters, but that they 
should be altogether incapable of mercy, no 
person could have the confidence to assert, that 
he would grant quarters in the case foresaid ; 
and it is clear that we are in a stronger case, 
seeing the general had no such commission and 
power to grant quarters; and the council, by 
their proclamation foresaid, does declare the 
rebels, as said is, incapable of pardon ; which 
being intimate to the general, and being sent to 
him, and intimate to all persons concerned, by 
proclamation, to plead in pretence of ignorantia 
or bona fides, is most frivolous and unwarrant- 
able, seeing ignorantia juris nemini prodesse debet ; 
and it is their own fault, if, being engaged and 
busied in their rebellious course, they did not 
come to the knowledge of the said proclamation, 
being founded upon the common law, and the 
law of the kingdom ; it being a principle of both, 
that traitors are nulli, and no men in the con- 
struction of law, as to any benefit and capacity 
of any pretended transaction. And as to the 
instances from the practices of Spain, Holland, 
France, and other kingdoms, they do no ways 
quadrate in this case, the same being, as said is, 
of publico edicta, and express treaties and trans- 
actions; in respect of all which the defence 
ought to be repelled. 

Mr. William Maxwell for the pannels, quad- 
ruples, That whereas it is answered, that the 
defence is not definitely qualified, nor conde- 
scended upon the persons granters of quarters, 
and in what manner, it is answered, That it 
shall be condescended upon in writ who granted 
the same, being listed soldiers and officers under 
the general ; and as for the manner, the same 
was in usual form that quarters are granted, viz. 
assurance of their lives from those who granted 
quarters. Next, where it is alleged, that quar- 
ters cannot, be presumed to have been granted, 
his majesty's army being victorious and the other 
party routed, who alleges to have gotten quarters, 
it is answered, that no supposition can be admit- 
ted against a positive defence, which is offered 
to be proven. As for the third, whereby it is 
alleged there can be no quarters sustained as 


j^P quarter, for they have as much 

power in the field as the others at 

the council table. 2dly, Lawyers are very 

clear that quarters should be kept, though 

lawful, but where the war is just, which cannot 
he in this case between his majesty's general and 
the rebels : it is answered, that the pannels 
oppone their former answer, and add that the 
question is not here in the lawfulness of the 
pannels' quarrel, but whether or no his majesty's 
lieutenant-general, being constitute as a general, 
by his commission, could give quarters or not ; 
which the pannels maintain he had power to do, 
being his majesty's lieutenant-general, by com- 
mission, neither needed any such express power 
be insert in his commission, for giving of quar- 
ters, because inerat in his commission, and every 
listed officer and soldier under him, he having 
the said commission, the like power, as any 
other prince's general, and others under him, 
has ; and to hold the contrary it seems strange, 
for it was never called in question in any nation 
heretofore, nor did ever his majesty, or his royal 
father, call in question the quarters granted by 
their general officers, or listed soldiers under him 
in the fields, but esteemed the same ever sacred, 
to be kept even unto these, who were in a model 
of an army of rebellion in the time ; and if 
quarters should not be kept, but elided by a 
secondary way of pannelling the persons receiv- 
ers of the quarters, it should both intrench upon 
the word of the general, his commission, and 
soldiers, to whom hereafter none may give trust, 
especially in a matter of so high concernment, 
after their lives are secured to them by quarters. 
And as for the allegance, that the general could 
not treat or assure them by a public transaction, 
without the consent of his majesty or his coun- 
cil, the pannels first leave that to the considera- 
tion of his majesty and his secret council, if the 
general being clad with a commission from his 
majesty, has not power to treat, to grant quarters, 
or receive any of those who are in rebellion, to 
peace, wherein his commission is ample and not 
restrictive : the pannels answer no further, but 
oppone the amplitude of the commission, the 
constant course observed by his majesty and his 
father's generals of before, the assurance given 
for their lives by the quarter, and the dangerous 
consequence may ensue thereupon. And where- 
as it is alleged, that the pannels being traitors, 
the quarters cannot operate for them, to exeme 
them from the trial, and inflicting the punish- 
ment conform to the law of the kingdom ; and 
there is no law that can warrant their rebellion, 
or exeme them from the punishment due to 
rebels : it is answered, that the case now in 
debate is, whether quarters given to persons 
modelled in an army in the fields, if they having 
received quarters, there being no law to dis- 
charge their general to give quarters, if they did 
not lawfully accept thereof, he lawfully grant 
it; for albeit the laws of this kingdom rub' in 
time of peace amongst all the subjects, but in 
the time of war, where there arc two armies in 
the fields, there the law of arms takes place, and 
the law of nations whereupon tin- faith given in 
quarters is founded, must be kept, and never 
was broken. And as for tlic allegance, thai if 
the general had been restrained by the oommis- 
sloii to give quarters, the quarters given by him 


given to subjects who are rebels. Grotius, 
lib. iii. cap. 19. where, after he hath fully 
treated that question de fide servanda, con- 
cludes, that fides, data etiain jwrfidis ct 

could not be respected, and that it is alleged the 
case is alike here, there being a proclamation 
emitted by the council, declaring the pannels' 
actings to be rebellion, and that they were com- 
manded by the same, to lay down their arms 
within a certain space, otherwise to be proceeded 
against as the worst of rebels and traitors, and 
not to have mercy : it is answered, First, That 
proclamation does no ways derogate to the gen- 
eral's commission, which remained as absolute 
as before, so long as he remained in the fields; 
nor does the council, by the said proclamation, 
discharge him to give quarters, thereby to re- 
trench the power of his commission. Secondly, 
The proclamation could not be known to the 
pannels, who could not have access to the mar- 
ket cross where the same was to be promulgate, 
proclamations at market crosses being the course 
of making known the council's pleasure in 
peaceable times ; but the course of war is, when 
two armies are in the fields, the one sends a 
trumpet with a proclamation to intimate the 
same. Thirdly, They not knowing the procla- 
mation in the time of the conflict, and the pan- 
nels being required to lay down arms, showing 
it was the council's will, and quarters being 
given thereupon, as they would have had a good 
defence, if they had laid down arms within the 
time prescribed by the proclamation, if the same 
had come to their knowledge ; so likewise in 
this case, being intimate to them the time of the 
quarters, and they having given obedience there- 
to, upon assurance of their lives, ought not to 
be broken ; in respect whereof the defence stands 
relevant, notwithstanding of the former triply. 

Sir George Mackenzie, for the pannels, adds, 
that the subject matter of this debate is the law 
of arms, and there being no express positive law 
to regulate the same, it is offered to be proven, 
by such as understand the law of arms, that 
quarter is allowed where subjects in arms rise 
against their prince, though given hut by private 
soldiers, except there be an express prohibition 
in the contrary : likeas, it is offered to be proven 
by the general, lieutenant-general, and other 
officers, that in this case, they either gave quar- 
ter, or allowed the giving of quarter, and that 
honour being concerned, it is hoped, that the 
justices will advise with the council, by whose 
commission they acted, and against whose order 
this debate will infer he has malverscd ; and it 
is not known upon what account lie thought 
himself authorized to give or allow the giving of 
quarter, of which he himself can only give an 
account ; and all the lieges in the nation are 
here concerned, seeing in all subsequent and 
Supervenient broils, every man, to make sure, 
shall cut his neighbour's throat, BO that the 
innocent shall have no defence, and rebels shall 
be fortified in their courage; and necessity, 
which legitimates all Other arts, in the opinion 
of such as, in furore belli, consult with nothing 
but with their safety, will obdure them much 
mure than formerly, and of ordinary rebels make 
them insupportable traitors and rebels; and 
that place in the Kings, spoken of by one of the 
prophet! to a king of I rael, is here remen 

CHAP. I.] 

rebellibus subditis, est servanda. And this 
hath been observed in the civil wars in 
Holland and France ; and by his majesty 
and his father at home during the late 

" wilt thou take the life of those whom thou 
hast taken by thy bow and sword ?" 

Mr. William Maxwel, for the pannel John 
Shiels in Titwood, alleges, the conclusion of the 
dittay cannot be inferred against him, because it 
is offered to be proven, that he was in the army 
with his majesty's general the time of the 
proclamation, which coming to his knowledge, 
if he had any arms then, he was willing to lay 
them down, and so have obeyed the proclamation 
by his willingness, if he had been in the field ; 
so that if he had been out with the rest of the 
pannels, he would have had the benefit of the 
said proclamation ; and being then in firmance, 
and prisoner with the general, and being most 
willing to obey the proclamation, the conclusion 
cannot be inferred against him : and whereas 
the proclamation, even for these who should give 
obedience thereto, the effect thereof to them could 
be to come to mercy, the pannel does humbly 
conceive, that the council's meaning was never to 
take the lives of these who obeyed the proclama- 
tion, specially seeing the certification is express, 
that to such as are disobedient, they should be 
proceeded against as traitors, without mercy, 
which clearly includes mercy to the obedient. 

Mr. Robert Dickson, for the pannel John 
Ross, repeats the whole former defences upon 
the benefit of quarter, and repeats the last de- 
fence proponed for John Shiels, and humbly 
craves the benefit of his majesty's proclamation. 

My lord advocate answers shortly to the 
allegance for Shiels and Ross, that the same 
merits no answer, in respect the said persons 
were taken as spies and emissaries, for giving 
intelligence to the rebels, and were prisoners for 
the time, and their arms being taken from them 
upon the occasion foresaid, they could not lay 
down the same, nor plead the benefit of the 
proclamation, conceiving these who should be in 
arms the time of the issuing and proclaiming 
the same, whatever the import, and benefit, and 
extent of the proclamation be, which the pur- 
suer neither doth nor is concerned to dispute in 
the case of the said pannels. 

The justices repel the defence, duply, and 
quadruply proponed for the pannels, in respect 
of the reply and triply proponed by his majesty's 
advocate; as also the defence proponed for Shiels 
and Ross, in respect of the reply; and ordain 
the dittay to pass to the knowledge of an inquest. 

The assize lawfully sworn, no objection in 
the contrary. 

My lord advocate, for proving the dittay, 
produces the pannels' confession made to the 
lords of his majesty's privy council and a com- 
mittee of them, whereof the tenor follows, viz. 
The said captain Arnc-t did confess, that, he did 
join with the rebellious party in the west, at. 
Ayr, and came alongst with them in their 
march to this country, and that he did accept 
the command of one of their troops, and did 
ride upon the head thereof; that he came with 
them to Lanark, and took the covenant with 
them there, and did ride alongst with them to 
Bathgate, Collington, and Pentland, and was at 
the late right in arms with his sword drawn. 




troubles. 3dly, Quarter is advanta- 
geous to the king, and so should be 
kept ; for these who are taken might have 
killed his majesty's general and officers, and 

The said major John M'Culloch did confess, 
that he joined with the rebels at Ayr, and came 
with them to Lanark, and there took the cove- 
nant with them, and continued with them in 
arms and rebellion, until Wednesday the day of 
the conflict at Pentland, where he was in arms, 
and taken prisoner. The said Gavin Hamilton 
did confess, that he joined with the rebels, and 
came along with them, and that he was in 
M'Clellan of Barscob's troop, and was in arms 
at the fight of Pentland, where he was taken. 
The said John Gordon did confess, he joined 
with the rebels before he came to Lanark, 
where having taken the covenant with them, he 
marched and came along with them to Collington 
and Pentland, on horseback, and in arm's with 
them at the conflict, where the rebels were 
defeat. The said Christopher Strang did confess 
that he joined with the rebels, and was at Lan- 
ark with them, and took the covenant, and came 
alongst with them to Pentland, and was an 
horseman in arms, with sword and pistols, under 
the command of captain Paton, commander of 
one of the rebels' troops, and was in arms at the 
late conflict. The said Robert Gordon did 
confess, that he joined with the rebels at Doug- 
las, and came along with them, and had charge 

as a cornet of a troop of horse, whereof 

Maxwell, younger of Monrief, was captain, and 
that he was in arms with the rebels at the late 
conflict. The said John Parker did confess, 
that he joined in arms with the rebellious party 
in the west, and came alongst with them to 
Pentland, and was there under the com- 
mand of colonel Wallace. The said John Ross 
did confess, that he joined with the rebels in 
the west, and that, at the desire of Mr. John 
Guthrie, one of the officers of the party, he 
went along to discover if the king's forces were 
coming to Kilmarnock, being in arms, and 
having pistols with him, and going alongst with 
John Shiels and other persons to bring the rebels 
intelligence. The said James Hamilton did 
confess, that he joined with the rebels' party, 
and was with them at Lanark, where he did 
take the covenant, and marched along with 
them in Barscob's troop, with sword and pistols, 
and came along with them to Collington, and 
from thence to Pentland, and was there in arms 
when the rebels were defeat. The said John 
Shiels did confess, that he joined witli the 
rebellious party in the west, and that he was 
employed, and did go, at the desire of Mr. John 
Guthrie, and some of the officers that com- 
manded that party, with John Ross and other 
persons, as a spy to see if the king's forces were 
coming to Kilmarnock, and bring the rebels 
intelligence. Which confessions being read to 
the pannels, and they particularly and severally 
accused conform thereto, and having judicially, 
and in presence of the assize, acknowledged and 
renewed the same, my lord advocate thereupon 
took instruments. 

The assize, by plurality of voice, elect Sir 
Alexander Urqiihart chancellor. The assize 
unanimously, all in one voice, by the report of 
Sir Alexander Urquhart of Cromarty, their 


irrr k- giving quarter to his enemies, he 
redeemed his servants : and if the 
only effect of quarter were, to be reserved 
to a public trial, none would accept quar- 
ter. I think no unbiassed person can 
read this, but they must see how iniqui- 

ehancellor, find the persons impannelled, above 
ami afternamed, to be guilty and culpable of the 
particular treasonable acts aftermentioned, con- 
tained in the indictment, viz. captain Andrew 
Arnot to be guilty of joining with the rebels in 
the west, coming alongst with them in their 
march, accepting the command of one of their 
troops, and riding upon the head thereof, and 
coming with them to Lanark, and there taking 
the covenant with them, and of coming alongst 
with them to Bathgate, Collington, and Pent- 
land, and of being at the late conflict there 
in arms, with his sword drawn. The said 
major John M'Culloch, to be guilty of join- 
ing with the rebels in the west, and coming 
with them to Lanark, and taking the covenant 
with them there, and continuing with them in 
arms until Wednesday the day of the conflict, 
being with them in arms there, where he was 
taken prisoner. Gavin Hamilton in Mauldslie, 
to be guilty of joining with the rebels in the 
west, and coming alongst with them in arms, in 
M'Clellan of Rarseob's troop, and in being in 
arms at the fight of Pentland, ■where he was 
taken. John Gordon of Knockbreck, to be 
guilty of joining with the rebels before they 
came to Lanark, where he having taken the 
covenant with them, he marched along with 
them to Collington and Pentland on horseback, 
in arms with the rebels, and being in arms with 
them at the conflict, where the rebels were 
defeat, and he taken. Christopher Strang, ten- 
ant in Kilbride, to be guilty of joining with 
the rebels in the west, and being at Lanark with 
them, where he took the covenant, and coming 
alongst with them from Lanark to Pentland, an 
horseman armed with sword and pistols, under 
the command of captain Paton, commander of 
one of the rebels' troops, and being in arms at 
the conflict at Pentland, where he was taken. 
Robert Gordon, brother to John Gordon of 
Knockbreck, to be guilty and culpable of joining 
with the rebels at Douglas, and coming alongst 
with them, having charge as a cornet of a troop 

of horse, under the rebels, whereof Maxwell, 

younger of Monrief, was captain, and of being 
in arms with the rebels at the conflict at Pent- 
land, where he was taken. John Parker, walker 
at Kilbride, to be guilty of joining in arms with 
the rebels in the west, and coming alongst with 
them to Pentland, where he was taken under 
the command of colonel Wallace. John Ross 
in Maiichlin, to be guilty of joining with the 
rebels in the west, at the desire of Mr. John 
Guthrie and some of the officers of that party, 
and id' going along to discover if the king's 
forces were coming to Kilmarnock, lie being in 
arms, and having pistols, and going to bring 
the rebels intelligence. James Hamilton, tenant 
in Kittimuir, to be guilty of joining with the 
rebels thai rose in the west, being with them at 
Lanark, where he took the covenant, and march- 
ing along with the rebels in Barscob's troop, 
with sword and pistols, and coming alongst with 


tous the procedure against these good 
men was. These ten were accordingly 
hanged, December 7th, and their heads and 
arms disposed of according to the sentence. 
Their joint testimony, and the dying speeches 
of some of them, have been more than once 

the rebels to Collington and Pentland, and being 
there in arms with them when they were 
defeat. John Shiels in Titwood, to be guilty of 
joining with the rebels, and of going, at the 
desire of Mr. John Guthrie and some of their 
officers, to see if the king's forces were come to 
Kilmarnock, and to bring the rebels intelligence, 
and that conform to their several confessions. 


My lord justice-clerk and justice-depute decern 
and adjudge the said captain Andrew Arnot, 
major John M'Culloch, Gavin Hamilton in 
Mauldslie in Carluke parish, John Gordon of 
Knockbreck, Christopher Strang, tenant in Kil- 
bride, Robert Gordon, brother to John Gordon 
of Knockbreck, John Parker, walker in Kil- 
bride parish, John Ross in Mauchlin, James 
Hamilton, tenant in Kittimuir, and John Shiels 
in Titwood, as being found guilty by an assize, 
of the treasonable acts foresaid, to be taken upon 
Friday the seventh day of December instant, 
betwixt two and four hours in the afternoon, to 
the market-cross of Edinburgh, and there to be 
hanged on a gibbet, till they be dead ; and after 
they are dead, their heads and right arms to be 
cut off, and disposed upon as the lords of his 
majesty's privy council shall think fit; and all 
their lands, heritages, goods and gear, to be 
forfeited and escheat to his majesty's use, for 
the treasonable crimes foresaid. Which was 
pronounced for doom, by Henry Monteith 
dempster of the court. 

Followeth act of council anent the disposal of 
the heads and right arms of the forementioned 

Edinburgh, the 6th of December, 1666. 

The lords of his majesty's privy council ordain 
the heads of the persons underwritten, to be cut 
off and affixed at the places following, viz. 
major M'Culloch, John Gordon of Knockbreck, 
and his brother Robert's, at Kirkcudbright ; 
John Parker, Gavin Hamilton, James Hamil- 
ton, and Christopher Strang, their heads, at 
Hamilton; John Ross, John Shiels, at Kilmar- 
nock; and captain Arnot's head at the Water- 
gate: and ordain the magistrates of the respect- 
ive places, to cause affix the said heads accord- 
ingly ; and recommend to the magistrates of 
Edinburgh, to cause bury the corps of the said 
persons, at such places as they shall think expe- 
dient, and where traitors are usually buried. 

JEodem die. — The lords of his majesty's privj 
council ordain the right arms of major M'Cul- 
loch, John Gordon of Knockbreck, and his 
brother Robert's; John Parker, walker, Gavin 
Hamilton, James Hamilton. Christopher Strang, 
John Ross in Mauchlin, John shiels. tenant to 
Sir George Maxwell, and captain Arnot, who 
are to be executed the morrow as traitors, to be 
cut oil', ami by the magistrates id" Edinburgh to 
In' sent to the magistrates id" Lanark, which 
they ordain them to affix upon the public ports 
of that town, being the puce where they took 
the covenant. 


published in Naphtali, and other prints that 
are not uncommon, and so they need not 
be inserted here. It will be more worth 
while, to give the reader a taste of the 
hardships brought upon the families of some 
of those martyrs for religion and liberty, by 
the managers, after they had done their 
utmost to the persons of those worthies, 
and I shall only instance in two of them. 
I begin with major M'Culloch, an excellent 
gentleman of good parts and great piety. 
He never had freedom to conform to prelacy } 
and suffered considerably for his conscien- 
tious withdrawing from the church. Before 
Pentland several soldiers were quartered 
upon him for thirty days ; and besides their 
entertainment, he had eight-pence a day to 
pay each of them, and was forced to pay 
an hundred pounds of fine to Sir James 
Turner. So good a man as he could not 
escape his share in the fines imposed by 
Middleton's parliament ; and so in the year 
1G65, he paid the whole sum imposed on 
him, twelve hundred merks, and three hun- 
dred merks of riding money to the soldiers 
who exacted it. His estate lay under for- 
feiture from Pentland to the revolution. 
After Pentland, one Charles Campbell, 
without any warrant seized a horse of his 
son William M'Culloch, who was not con- 
cerned in the rising, worth eight pounds 
sterling, and clothes and other things near 
to the value of five pounds sterling. His 
eldest son was seized, and kept in prison a 
full year after his father's execution, upon 
no ground I can learn, but his being major 
M'Culloch's son. The major's lady was 
happily infeft in a part of his lands, and she 
and her eldest son lived upon these till the 
year 1681, when, upon noncompearance, 
they were forfeited, and given to Queens- 
Derry, who put John Sharp, clerk of Dum- 
fries, in possession of them. Mr. M'Culloch, 
the true owner of them, was obliged to take 
them again from Sharp, and besides a con- 
siderable yearly rent of ten or twelve pounds 
sterling, he had upwards of a thousand 
merks of entrance-money, and other inci- 
dental charges to pay. 

The other instance I mention is, the 
excellent family of Knockbreck, in the 
parish of Borgue in Galloway. The two 




young gentlemen at this time exe- 
cuted, I have it from persons yet 
alive of their acquaintance, that they were 
youths of shining piety, and good learning and 
parts. The harassings and losses of the family 
cannot be estimate, they were so frequent 
and severe. Besides the payment of their 
parliamentary fine, and their common losses, 
with others in Galloway, by Sir James 
Turner, in a little time after Pentland, their 
whole crop for that year was seized, and 
the household furniture disposed of and 
destroyed. Six soldiers continued quartered 
upon the house, from the 6th of March to 
the 9th of July, which comes to a great sum 
besides, near four hundred pounds of cess, 
and other impositions, were uplifted from 
them and their tenants. They had their 
share in all the after harassings of the coun- 
try ; particulars would swell this account. 
In the year 1684, captain Strachan, with his 
troop, came, and destroyed and took away 
the whole household-plenishing. Next year 
Glenlyon, with near two hundred Highland- 
ers, came and stayed at Knockbreck from 
Thursday to Monday, and consumed and 
took with them all the meal and malt 
they found, and killed vast numbers of 
sheep ; and at their departure broke the 
glass-windows, and carried off all the horses 
about the house, to bear away the spoil. 
And last of all, cruel Lagg came with a 
company of men, and carried off all within 
the house, to the very trenchers and spoons, 
and with much difficulty, was prevailed upon 
not to burn the house. Any of the remain- 
ing sheep they could not eat, Lagg carried 
with him, to the number of about fifty, 
besides many black cattle. From these, 
the reader may guess at the severities used 
to the families and relations of such who 
were executed at this time. 

While the blood of these first ten is scarce 
cold, the advocate is ordered to intent a 
process against other five of the prisoners, 
Mr. Alexander Robertson, preacher of the 
gospel, who was basely betrayed by the laird 
of Morton his friend, to whom he committed 
himself upon promise of his life. He points 
at this in his speech at his death, and for- 
gives him. John Neilson of Corsack, 
George Crawford in Cumnock, John Lind- 


lfiffi sa } m Edinburgh, and John Gordon 
in the parish of Irongray. And, upon 
December 10th, the two former judges find 
them guilty. I do not find they gave 
themselves the trouble of hearing advocates, 
but make short work, and go upon their con- 
fession, and condemn them to be hanged at 
the Cross of Edinburgh, on Friday the 14th 
of December ; which was accordingly done, 
only John Lindsay was delayed. Their 
testimonies are likewise printed in Naphtali, 
and elsewhere, so I do not insert them, or 
the process about them, which falls in with 
the former. The council being weary of 
disposing heads and arms, order the magis- 
trates of Edinburgh to affix their heads on 
such ports of the town as they see fit, and 
bury their bodies in the usual place. Sir 
George Mackenzie's Vindication, page 8th, 
very confidently says, " that generally no 
man was executed in king Charles's reign, 
who would say, God bless the king, or 
acknowledge his authority." The falsehood 
of this will appear from a vast number of 
instances in the progress of this history. 
I only here ask, if any of these persons now 
executed, had the offer of their life upon 
that condition ? If not, as certainly they 
had not, then Sir George's Vindication is a 
very false one, and a covering of cruelty 
with a lie : for all of them that were put to 
death on this occasion, did both pray for 
the king, and own his authority, though 
they could not justify his administration. 

The sufferings of one of those worthy 
persons, John Neilson of Corsack, in the 
parish of Parton in Galloway, and those of 
his lady and children, are so remarkable, 
that they deserve a room in this collection ; 
and I see not where an abstract of them 
can be more properly insert than here. Mr. 
Dalgliesh, the curate of Parton, had no 
small hand in this gentleman's hardships. 
When Sir James Turner came first into 
Galloway, Corsack was soon delated by the 
curate for nonconformity, and Sir James 
exacted an hundred pounds Scots from him, 
and, contrary to promise, he was sent 
prisoner to Kirkcudbright. He suffered 
very much by quarterings of soldiers upon 
him : from the beginning of March to the 
end of May that year, he had troopers 


lying on him, sometimes ten, sometimes six, 

sometimes four at once, and was forced to 
pay each man half a crown a day, which 
came to eight hundred and nineteen pounds 
Scots, and free quarters besides to man and 
horse; which, moderately computing at fif- 
teen pence a day, amounts to four hundred 
and eight pounds, ten shillings. Next year, 
Sir James Turner sent six foot soldiers to 
quarter upon him, from March to the middle 
of June. These had each of them twelve 
pence a day, besides free quarters, which 
amounts to seven hundred and fifty-six 
pounds. By those hardships, Corsack was 
obliged to leave his house, and wander up 
and down ; and upon his hiding, he lost his 
horse worth an hundred pounds, and was 
seized himself, and imprisoned for some 
time. The loss of his household stuff, vic- 
tual, and most part of his sheep, cannot be 
well reckoned. When they had turned his 
lady and children to the doors, they fell 
next upon his tenants, and obliged them to 
bring them in sheep, lambs, meal, and malt, 
till they were well nigh ruined. And last 
of all, they drove all his oxen and black 
cattle to Glasgow, and sold them. And all 
this for nothing else but precise noncon- 
formity. After all this oppression, of which 
I have before me an attested account, the 
reader can scarce wonder that he and many 
others in the like circumstances, took hold 
on the first opportunity that offered to 
complain of, and relieve themselves of those 
calamities. When essaying this, he is taken 
at Pentland, and, when a prisoner in Edin- 
burgh tolbooth, Sir James Turner used his 
interest to get his life spared, because Cor- 
sack, out of his truly Christian temper* 
saved Sir James, when some were seeking 
to take his life, both at Dumfries and after- 
wards, though few had felt more of his 
severity than this gentleman : Mr. Dalgliesh 
the curate, getting notice of it, applied him- 
self to some of the bishops, and acquainted 
them, Corsack was a ringleader to the fan* 
atics in Galloway, and if he were spared, lie 
needed not think of continuing in his parish, 
and they might spare them all. This went 
further than Sir James his interest could go, 
and so he was executed. 

His lady being in Edinburgh after her 

CHAP. I.] 

husband's death, Maxwell of Milton came 
to the house of Corsack, with thirty men, 
and took away every thing that was portable, 
and destroyed the rest, and turned the 
family, and a nurse with a sucking child, to 
the open fields. Some time after, Sir Wil- 
liam Bannantyne came and inventoried any 
thing that was in the house, seized that 
year's crop, and arrested the rents in the 
tenants' hands. One of the tenants, Arthur 
M'Gachie in Glenhead, with his wife and 
a young child, were carried off prisoners, 
and kept some weeks, merely because he 
had conversed with his master Corsack, 
before Pentland, a day or two after he had 
been at Dumfries. The same Sir William, 
a little after, came, and took lodging with 
thirty horse in Corsack, till the lady gave 
him a bond, with two neighbour gentlemen 
cautioners, for three hundred merks. The 
laird of Partan, a papist, possessed himseif 
of a part of Corsack's lands contiguous to 
his in that parish, of about eighty pounds 
Scots yearly, and forced the tenant to pay 
one hundred and twenty pounds of rent, 
due to Corsack before Pentland. And fur- 
ther, by virtue of the forfeiture, the said 
popish gentleman defrauded the lady Cor- 
sack of a bond he had given to her husband, 
of four hundred and eight merks Scots, and 
all the interest. The said gentlewoman had 
all her moveables seized, for her converse 
with her own son, who had been intercom- 
muned, and paid near an hundred pounds. 
In the year 1680, her son was forfeited, 
merely for noncompearance ; and in a year 
or two, by Claverhouse's troop, and others, 
she lost and expended on vexatious suits, 
upwards of four hundred pounds. Her 
eldest son, for three years was forced to 
wander and hide in Ireland. In the year 
1684, she and her second son being cited to 
a court for not hearing the curate, her son 
was imprisoned for some months, and fined 
in two hundred merks : and still forward, 
until the liberty 1687, this excellent gentle- 
woman was vexed with parties of soldiers, 
and compearance before courts, which put 
her to great trouble, and much charges. 
From these well vouched accounts, the 
reader will have some view of the hardships 




wherewith the families of such who 
appeared at Pentland, Mere dis- 

That terror might be struck into the west 
country, while the blood of the Lord's 
people is running so fast at Edinburgh, a 
commission is granted to the persons named 
in it, or any three of them, with a justiciary 
power, to try and judge such who were con- 
cerned in Pentland rising : I have inserted 
it below.* By virtue of this commission, 

* Commission for justiciar!/ at Glasgoic, Decem- 
ber, 1666. 
Charles, by the grace of God, king of Great 
Britain, France and Ireland, defender of the 
faith, to all and sundry our good and faithful 
subjects, whom these presents do or may con- 
cern, greeting: Forasmeikle as, albeit it hath 
pleased Almighty God, to bless our forces under 
the command and conduct of our lieutenant- 
general, with an absolute victory of those rebels 
who did first rise in arms at Dumfries, and so 
far prosecute these rebellious courses, as to 
imbody themselves in a military posture, and 
march through many shires forgetting associates 
and complices, and at last, in open fields near 
Pentland Hills, did encounter our forces, and 
endeavour their overthrow; yet nevertheless the 
danger of that horrid rebellion does still continue, 
and, if not timously prevented, may again break 
out and involve the kingdom in new troubles and 
confusions, to the hazard of the lives of many 
of our good subjects, and subverting of religion 
and ecclesiastical government, and of our author- 
ity and laws, there being many desperate and 
incorrigible traitors engaged in that rebellion, 
who did not at first appear themselves in arms, 
but have been abetters or assisters thereof, by 
correspondence, intercommuning, or giving in- 
telligence, for carrying on their wicked designs, 
or by resetting of their persons, have been pro- 
moters of the said treasonable courses; as like- 
wise some gentlemen, ministers and others did 
convocate and put themselves in arms in the 
shire of Ayr, and there determine to rise, and 
associate to themselves all such who were disaf- 
fected to our government, that they might join 
with these rebels who had first risen in arms, 
and hereby added such strength and vigour to 
the carrying on of that rebellion, that they might 
have continued longer, and brought on this our 
kingdom all the miseries of an unhappy and 
bloody war, if the defeat and overthrow of that 
party at Pentland had not happened. There- 
fore, and for preventing these mischiefs, and 
securing the peace of our kingdom, and our 
authority and government for the future, we, 
wteh the advice of the lords of our privy coun- 
cil, have nominated and appointed our right 
trusty and well-beloved counsellors and cousins, 
the lord duke Hamilton, the lord marquis of 
j Montrose, the earl of Argyle, the earl of Lin- 
I lithgow, the earl of Kelly, the earl of Galloway, 
the earl of Wigton, the earl of Nithsdale, the 
earl of Dumfries, the earl of Callender, the earl 
of Airly, the earl of Annandale, the lord Mont- 
! gomery, the lord Drumlanrig, the master ot 


,„ 6 „ at Glasgow, December 17th, the 
earls of Linlithgow and Wigton, 
the lord Montgomery, and Mungo Murray, 
constitute themselves in a court; and Mr. 
Thomas Gordon, writer in Edinburgh, is 
chosen their clerk. Sir William Purves, 
his majesty's solicitor, indicts Robert Bun- 
tine in Fenwick parish, John Hart in West- 
quarter in Glassford parish, Robert Scot in 
Dalserf parish, and Matthew Paton, shoe- 
maker in Newmills. The court finds them 
guilty of rebellion and treason, and sentences 
them to be hanged at Glasgow, upon Wed- 
nesday, December 19th. Then- process 
I have not insert, as coinciding, mutatis 
mutandis, with that against those, who were 
tried before the justiciary court at Edin- 
burgh, which the reader will find in a 
preceding note, see. page 39. They were 
accordingly executed that day. The men 
were most cheerful, and had much of a 
sense of the Divine love upon them, and a 
great deal of peace in their sufferings. It 
was here that abominable practice was 
begun, which turned afterwards so common, 
of the soldiers beating drums when the 

Cochran, general Dalziel, lieutenant-general 
Drummond, James Crichton, brother to the 
carl of Dumfries, colonel James Montgomery, 
Charles Maitland of Halton, Mungo Murray, 
or any three of them, giving them full power, 
warrant, and authority, to go to any shire, burgh, 
or place, where there was any rising or insur- 
rection, and there to hold courts, cite parties, 
and examine witnesses, and take all other courses 
which they think fit for trying and discovering 
all such persons who were authors, aiders, or 
abetters of the said rebellion, and did keep 
correspondence, intercommune with, or reset 
the persons of any of these rebels, or furnished 
them with ammunition, arms, horses or any 
other things which might supply or strengthen 
them in the prosecution of their rebellious 
courses ; with power likewise to seize upon 
their persons, and incarcerate them till they be 
tried, and to search their houses and other 
suspect places, and to enter the same by force in 
case of resistance, or Otherwise to take bond and 
security for their appearance] whenever they 
shall be called. And lor their more speedy and 
effectual carrying on of this their commission, 
with power to divide themselves that they may 
go to several places at one time, and for that end, 
any one or two of their number to take trial, 
search, and apprehend all persons suspect within 
their several divisions; and further, in case, 
after examination and trial, there shall be any 
persons who shall appear guilty of the crimes 
foresaid, by clear and undoubted evidences, we 
give full power and commission to (he person* 

[book II. 

sufferers spoke to the spectators before 
their death. Reflections need not be made 
upon this barbarous unchristian practice, 
scarce any where used, but by the popish 
inquisitors, and is a plain evidence of an ill 
cause, which cannot bear the light. The 
persecutors were afraid lest the words of 
these dying witnesses for truth, would con- 
firm and strengthen honest people in their 
adherence to, and appearance for liberty 
and reformation ; and I cannot say they 
were mistaken in their fears, for the Christian 
and manly carriage of those noble sufferers, 
had a mighty influence upon multitudes. 
Few, if any, were terrified by their public 
death, and many were convinced of the 
goodness of their cause, and fixed in their 
resolutions to adhere to it. 

To return again to Edinburgh : upon the 
18th of December, the above named justice- 
clerk and justice-depute, have before them 
Mr. Hugh M'Kail, Thomas Lennox, Hum- 
phrey Colquhoun, Ralph Shield, clcther in 
Ayr, William Pedin, merchant there, John 
Wodrow, merchant in Glasgow, Robert 
M'Millan, John Wilson in the parish of 

foresaid, or any three of them, which are declar- 
ed to be a full quorum, to be our justices in that 
part, with power to them to meet at such 
times and places as they shall think convenient; 
and then and there, to affix and hold courts, 
create clerks, sergeants, dempsters, and all other 
members of court needful, to call assizes of 
persons of best understanding, absents to amer- 
ciate, unlaws and amerciaments to be uplifted 
and exacted ; and in the said courts to call the 
whole persons guilty and suspect to be guilty of 
the crimes foresaid, and put them to their trial, 
and knowledge of an assize ; and according as 
they shall be found innocent or guilty of the said 
crimes, that they cause justice to be done upon 
them accordingly ; and generally all and sundry 
other things requisite and necessary for execut- 
ing the said commission, to do, use and exerce, 
promitting to hold firm and stable ; command- 
ing hereby our advocate or his deputes to draw 
their indictments, and pursue them before our 
commissioners foresaid; and in they find 
any difficulty in the matter of probation or 
evidence, that they secure the person until they 
advertise the lords of our privy council, that 
they may ordain our justice general or his 
deputes, to proceed against them; and we hereby 
require the commanders and officers of our 
forces, and all sheriffs, magistrates of burghs, and 
others, to be assisting to our commissioners, in 
prosecution of this our service, as they will be 
answerable. Given under our Bignetat Edin- 
burgh, the 5th day of December, 1066, and of 
our reign the eighteenth yeBr. 


Kilmaurs, Mungo Kaipo in Evandale. The 
judges pronounce sentence of death upon 
1 hem, and order them to be hanged at the 
cross of Edinburgh, December 22d. All 
of them, save three, were executed that day ; 
and most part of their speeches are already 
more than once published. Upon the 2 1st 
of December, I find the council supersede 
the execution of the sentence of death upon 
Robert M'Millan, William Pedin, Thomas 
Lennox, and John Lindsay, formerly repriev- 
ed, till further orders. As far as I can 
guess, these four got off" after some impri- 
sonment, and partial compliances ; probably 
the reason of this was the king's letter 
formerly mentioned, for sisting execution. 
When the rest are despatched, the council 
order the magistrates to take down the 
gallows at the cross to-morrow ; and dis- 
pense with the cutting off the heads and 
hands of such as are to be executed. Now 
all were satiate with blood except the 
prelates, and they were forced to yield. 

Before those executions began, which I 
have put altogether, upon the 4th of De- 
cember I find the council order Mr. Hugh 
M'Kail and John Neilson of Corsack, to be 
tortured with the boots, a practice not 
used before in Scotland, in the memory of 
any now living ; and I doubt if it was often 
practised since the reformation. Now it 
was brought in, and violently urged by the 
prelates, and afterward frequently used, as 
we shall hear. This, with other inhuman and 
barbarous tortures made use of in this period, 
was justly complained of at the revolution, 
and abrogated. What moved the council 
to pitch upon those two I do not know. 
Mr. M'Kail was a youth of great sense and 
learning, and Corsack a gentleman of excel- 
lent parts, and probably from them they 
expected vast discoveries. A conspiracy 
was pretended, and they were to be exam- 
ined by this torture in presence of the 
council, and interrogatories formed to be 
put to them, which I have not seen. But 
there was indeed no plot to be found, and 
their rising was merely for self-defence, and 
unconcerted. Corsack was fearfully tor- 
mented, so that his shrieks would have 
melted any body but those present, who 
still called for the other touch. Nothing 


was recorded, for all they said was 
what they had candidly signified 
before, that the oppression of the country 
had forced them to rise in arms, and being 
up, they were obliged in self-defence to stick 
together. The sufferings of Mr. Hugh 
M'Kail are so singular, that though they 
are printed in Naphtali, yet being so proper 
for a history of this nature, I would willingly 
have insert them here were they not very 
prolix, and therefore must refer my reader 
thither, for a larger account of this singular 

No discoveries being made, or indeed 
further to be made from the prisoners at 
Edinburgh, the commissioner Rothes, now 
come from court, resolves upon a progress 
through the west and south, that he might 
be at the bottom of an imaginary conspiracy 
and plot, he would fain have landed upon 
some body or other. He came first to 
Glasgow, and from thence to the town of 
Ayr, with a committee of noblemen and 
others with him, having a justiciary power. 

At Ayr, upon the 24th of December, the 
earl of Kellie, lieutenant-general Drummond, 
Charles Maitland of Hatton, James Creigh- 
ton brother to the earl of Dumfries, sit 
in judgment, and have twelve more of the 
prisoners before them, indicted by the soli- 
citor for treason. They are found guilty, 
and ordered to be executed at Ayr, Irvine, 
and Dumfries ; and the sentence was put in 
execution accordingly. Thursday, the 27th 
of December, was appointed for the hang- 
ing of eight of them, James Smith, Alexan- 
der M'Millan, James M'Millan, George 
M'Cartney, John Short, John Graham, 
James Muirhead, and Cornelius Anderson, 
in the town of Ayr. The hangman of that 
town being unwilling to imbrue his hands 
in the blood of those good men, got out of 
the way, and no other could be found to 
undertake this hateful work. The provost 
not being able to find one for this office, 
proposed this expedient, which was gone 
into : That one of the eight who were con- 
demned should have his life, if he would 
consent to become burrier to the rest; and 
with difficulty enough Cornelius Anderson 
is prevailed upon. When the execution 
day is come, the poor man's heart being 

, fifi like to fail him, the provost, to 
secure all, took care to make him 
almost drunk with brandy. Thus, with 
much difficulty, they got their sentence 
executed. Other two of them, James 
Blackwood and John M'Coul, were exe- 
cuted at Irvine upon Monday December 
last (31st). When Mr. Alexander Nisbet, 
minister there, visited them in prison, he 
found them ignorant, and very much dis- 
couraged and damped with the near views 
of death and eternity. After he had be- 
stowed some pains upon them, and instructed 
them in the way of salvation by faith in 
Christ, when the day of execution came, 
they died full of joy and courage, to the 
admiration of all who were witnesses. An- 
derson, as I am told, was likewise obliged 
to hang them, and in a few days he himself 
died in distraction and great misery. 

The courage and behaviour of William 
Sutherland, hangman at Irvine, a man very 
much master of the scriptures, and blameless 
and pious, and the carriage of the persecu- 
tors to him, deserve a room here. His own 
declaration, which I am well assured is 
genuine, and formed by himself, and account 
of his examination, will set this matter in 
its native light ; and therefore, though the 
paper be rude, and in a very homely dress, 
I have insert it below.* This poor man, 


after the hangman at Ayr fled, was by force 

• William Sutherland's declaration and examina- 

The sense of God's goodness, who justifies the 
ungodly, and calls things that are not, and the 
persuasion of Christian friends, to whose charity 
I was much obliged during my imprisonment 
at Ayr for many weeks, moved me to declare as 
follows : 

I being come of poor parents in Strathnaver, 
(the wildest part of the north Highlands) who 
were not able to keep me, I was hired with a 
master who sent me to bring back a horse that 
colonel Morgan's party had taken from him; 
which party I followed till the enemy fell 
betwixt me and home, and being afraid to go 
back, and having a desire to learn the lowland 
tongue, I came alongst in a sad condition with 
the said party, till I came to Spey-side where I 
herded cattle for a year in the parish of Boharm, 
at a place called the New Kirk ; from thence 1 
came to the parish of Fyvie in Buchan, where 
I also herded cattle for another year ; from that 
place I came to the bridge of Stirling, where I 
followed the same employment a third year, 
which was the year the king came home; and 
from thence I 'came to Paisley, where after 
herding cattle a fourth year, I fell in extreme 
want, anil that by the reason, the master whom 

brought from Irvine to that place, and 
boldly stood out against all the fair and foul 
means used to bring him to execute the 
above named persons there. When he had 
been put in the stocks, and endured all the 
hardships he himself gives account of, and 
still persisted in his refusal, lieutenant-gene- 
ral Drummond ordered him to be taken 
out and bound to a stake, and caused a file 
of musketeers present their pieces, assuring 
him he was a dead man, if he yielded not 
to hang the condemned persons. This 
moved him not. Then they covered his 
face, and after a little the soldiers were, 
ordered to run in upon him with a shout, 
and all the noise they could make. Thus 
they resolved to make him feel the fear of 
death, though he escaped the pain of it. 
And this was his martyrdom, which he 
underwent with a great deal of composure 
and resolution. 

John Grier and William Welsh, the 
remaining pair of those condemned at Ayr, 
were executed at Dumfries, upon Wednes- 
day January 2d, 1667. Thither the com- 
missioner with his company came; and 
after all the pains he had taken in this 
perambulation of the country, to discover 
a supposed plot, upon which the rising 
was alleged to have been founded, only 

I served being owing to one of the bailies, 
called John Weres, the bailie seized upon my 
master's goods, so that he ran away, and I lost 
my fee, and was engaged by the counsel of some 
honest men from that scripture, " Suffer not a 
witch to live," to execute a witch, and to cleanse 
chimney heads, whereby I gained somewhat for 
livelihood ; and having a mind to learn to read, 
I bought a Question Book, but finding the people 
there to scar at my company, so that none would 
give me a lesson, I came from Paisley to Irwin, 
about five years since, where, finding the people 
more charitable, and to encourage me in learning, 
1 did so affect my book, the people, and the place, 
that without engagement 1 did act the part of an 
executioner, when they had any malefactors to 
put to death, and so with much trouble 1 attained 
to learn to read English, and as I grew acquainted 
with the Bible, 1 began to scruple to execute any, 
except I was clear they deserved to die; and 

when the business of being executioner to so 

Southland men in Ayr came to my door, the 
scruples of my conscience grew upon my hand, 

because I had heard they were godly men, who 

had been oppressed by the bishops, whom I 

never liked since 1 loved the Bible; therefore 
1 having a jealousy in my mind, that I should 

be troubled, 1 had a mind tn g<> from the town 

CHAP. I.] 

learned that there was nothing to be dis- 

Thus 1 have given as full an account, as 
I could gather, of the sufferings unto death 

after I heard some sermons ; it being the Lord's 
day, I having come to the kirk, opened my book, 
and the first place that came to my eyes, was 
that scripture Heb. iv. 12. to the end of the 
chapter. This word by the blessing of the Lord 
God blessing it to me, was so strengthening and 
refreshing to me, that all the trouble in the 
world was not able to quench it out. of my heart ; 
and I having gone again in the afternoon to the 
kirk, I was taken out of the kirk and brought 
before the provost, and I refused to go willingly 
to Ayr. The provost told me, I would be forced 
against my will. I told him, one might lead a 
horse to the water, but twenty-four would not 
make him drink, no more should any make me 
to do that deed; whereupon I was put in the 
tolbooth till Monday at night (where I got 
much comfort reading the fourth chapter of the 
epistle to the Heb.), when a sergeant with six 
soldiers came from Ayr to Irwin for me, and 
the provost, to terrify me, brought me out before 
them ; and when they saw it would not do, then 
I was sent back again to prison until Tuesday 
morning, then I was constrained to go with the 
guard that came for me from Ayr. They offered 
me meat and drink, but I refused, and would 
not take it, but bought a farthel of bread and a 
mutchkin of ale ; and when I came thither I 
was brought before the provost, and notwith- 
standing of many promises by the provost, and 
those that were with him, I refused to undertake 
to execute the southland men, whereupon I was 
presently committed to prison in the tolbooth ; 
and the first night I was prisoner, there was one 
Mr. White a curate came to me to persuade me 
to do any office on the said persons, and said, 
What is this you are doing? do ye not know 
that thir men are guilty of rebellion ? and from 
1 Sam. xv. told me that the rebellion whereof 
these men were guilty was as the sin of witch- 
craft : to whom I answered, that that rebellion 
was Saul's rebellion against the immediate 
command and revealed will of God, and that 
for sparing Agag and the best of the cattle ; 
and was as the rebellion spoken of the children 
of Israel, when they rebelled and refused to go 
to the land of Canaan, but would have chosen 
captains, and have gone back again to Egypt ; 
and that is like the rebellion spoken of by the 
prophet Isaiah, " All day long have I stretched 
out my hands to a stiff-necked, rebellious and 
gainsaying people." I told him this was not 
rebellion against man, and in the New Testa- 
ment it is called a trespass, and our Lord said 
to Peter, " If thy brother trespass against 
thee, forgive unto seventy times seven." So 
I think, if the Galloway men should trespass 
twenty times, it. was far fewer than seventy 
times seven, the king should forgive them, 
though it -were rebellion against him, which I 
do deny : remember what good king David 
did when he fled from Absalom, when Shimei 
came out and cursed him, and cast earth and 
stone at him, but yet he forgave him, much 
more I think our king should forgive the Gallo- 
way men, who respected and prayed for him, 
and who, if he were amongst them, would not 


of these persons taken at Pentland. 



The following persecution of the 

rest who escaped, and of some gentlemen 

who never joined them, by forfeiture and 

let a hair of his head fall to the ground. But, 
said Mr. White, David was a prophet and a 
merciful man : Well, said I, Sir, will ye make 
ill men your example, and not good men, what 
divinity is that? At which he was so ashamed, 
the soldiers laughing at him, that he said in his 
anger, Away with thee, the devil is in thee, 
and thou hast dealing with familiar spirits. 1 
answered, If the devil be in me, he is an 
unnatural devil, for if he were like the rest of 
devils, he would bid me take as many lives as I 
could, that he might get many souls ; but the 
spirit that is in me will not suffer me to take 
good men's lives. Then Mr. White left me, 
and a number of cursed blaspheming soldiers 
came about me, and brought me before the 
general and lieutenant-general, my lord Kellie, 
my lord provost, and several other gentlemen, 
where they were met together in a lodging in 
the town : some of them boasted me, and some 
of them scorned me, and some of them said, I 
would go to the devil with the rest of the country 
folk. Others asked me, If I were a covenanter, 
he must be a covenanter. I said though I was 
no covenanter, yet I had respect to it for his 
sake by whom it was named, and who had in 
his word threatened to send a sword to avenge 
the quarrel of his covenant ; and I said, what a 
covenant will ye give us? If ye take away the 
covenant of God, ye will give us the covenant of 
the devil, for there is hut two covenants, a good 
one and a bad one. Then they called for the 
boots to put me in ; and I said, Bring the boots 
and the spurs too, you shall not prevail. Then 
they were angry, and said, The rogue scorns us, 
and thinks no better than to do so. Then they 
mentioned that a cruse full of hot lead should be 
poured on my hands, and while the lead was 
melting, they went aside and spake Latin, as I 
thought, among themselves, and when they had 
done, they brought the lead to pour it on my 
hands, and I was willing to receive it rather 
than to obey; then they were astonished, and 
had put it on the fire again until they should get 
more speech out of me. Then my lord Kellie 
came unto me, and flattering me, said, Poor 
man, I heard they wronged thee, and brought 
thee out of the kirk on the Sabbath-day betwixt 
the preachings, they might have let thee heard 
the sermon, I heard they put thee in the tolbooth ; 
who came to see you when you were in the 
prison? did not your minister Mr. Alexander 
Nisbet come to see you, nor any of the honest 
men of the town ? I answered (as it was true), 
none came to see me. He said, they have been 
very unkind ; did you not see Mr. James Fer- 
gusson since we came west? I said No. Then 
said the lieutenant-general, Away with him, 
they have forbidden him to tell, and have said, 
nothing shall ail him, but he shall rue it when 
he shall be hanged, and casten out to be eaten 
of dogs : tell me quickly, said he, who learned 
you these answers, and forbade you to tell ; 1 
perceive you have gotten a paper from some ot 
these rebellious people, and has gotten your 
answers perquire. I said, Not so, my lord, but 
God, that said, Fear not when ye shall be 




otherwise, will come in the order of 
time upon the succeeding years. 
It is a loss we have not preserved to us a 
more particular account of these excellent 

brought before kings and rulers for my sake, 
it shall be given you in that hour what you 
shall say, I will give thee a mouth, and wisdom 
that thine adversaries shall not be able to answer, 
he makes his promise good to me. Then a 
number of the gentlemen said, Away with him, 
the devil is in him, he has dealing with familiar 
spirits. I answered him, as I answered Mr. 
White before. Then said the lieutenant-gene- 
ral, Tell me quickly who put these words in thy 
mouth, or you shall be hanged : to which I 
answered, Even he who made Balaam's ass to 
speak and reprove the madness of the prophet ; 
and marvel not, for he that could make a dumb 
ass to speak, can much more make me a reason- 
able creature to speak, it is he that gave me 
these answers, and likewise forbids me to do 
this, it is he and no other. Then said my lord 
Kellie, He thinks no better sport than to bring 
scripture as he would confound us with it, but 
you shall rue it when you are going to be hanged. 
I answered, If this confound you, ye shall be 
better confounded yet, read ye never that 
chapter, 1 Cor. i. 26 — 29? "How not many 
wise men after the flesh, not many mighty, not 
many noble are called, but God hath chosen the 
foolish things of the world to confound the 
things that are mighty ; and base things of the 
world, and things that are despised hath God 
chosen, and things that are not, to bring to 
nought the things that are, that no flesh should 
glory in his presence." Then said my lord 
Kellie, Take the devil out of my sight, and put 
him in the narrowest place of the stocks. The 
provost of Ayr, when he saw me. altogether 
refusing, he rounded in my lug, What are you 
afraid of the country folk, I shall give you fifty 
dollars, and you may go to the Highlands, or 
where you please. I answered him, speaking 
out loud that all might hear, What, would you 
have me sell my conscience, where can I flee 
from God ? remember Jonas fled from God, 
but the Lord found him out, and ducked him 
over the lugs, so shall he me, if I go over the 
light of my conscience. Then I was taken 
away and put in the stocks; then came four 
musketeers before me and charged their muskets, 
lighted their matches, the more to terrify me, 
and brought a cap for my head ; but when they 
saw me open my breast to receive the shots, and 
that I was willing to die, then came one and 
said, Let him alone, lie shall not be shot, he 
shall be hanged and drawn out of the town 
that dogs may eat him, for shots is over good a 
death for him. While I was thus in the stocks 
I was very thirsty, and called for a drink ; then 
they intended to bring me a drink of wine ; but 
one of the soldiers, an Irishman, that could 
speak Latin, forbade me to take of their wine; 
as he told me afterwards, they had a mind 
rather to poison me, and to give me that which 
would distract me; and because I refused, they 
threatened iti their anger, that whosoever gave 
me a drink of water should get the goadloup ; 
so I lay until it was dark night, and there 
was people that would have given me meat and 
drink, but the soldiers would say blasphemously, 
If ye come one foot further here, I shall 


persons' carriage, both in prison and at their 
death. By the short hints I have met with, 
I persuade myself it would have been very 
useful and instructive. Their behaviour all 

rash my pike through your soul ; then I said to 
that soldier that was sentry over me, and sitting 
beside me, Give me a chopin of water, and J. 
will give you a chopin of ale for it ; but he said, 
I dare not, you heard what was threatened, but 
if you will give me a sixpence, I will hazard; 
so I gave him a sixpence, I having half-a-crown 
about me, and thinking to die to-morrow, I. 
thought a chopin of water was better to me than 
all the money in the world ; then he brought 
me the chopin of water, and held his cloak 
betwixt me and the light, for fear the rest of 
the soldiers should see ; and when I had drunk, 
I was much refreshed. Thereafter some stand- 
ing by, said to me, What needs you or any 
others make din about bishops, seeing there is 
no other gospel pressed upon you but what was 
before? to whom I answered, Know ye not 
what Paul says, Gal. i. 6. " I marvel that ye 
are so soon removed to another gospel, which is 
not another ; but there are some that trouble 
you, and pervert the gospel of Christ ; and if any 
man says he brings another gospel, or perverts 
the same gospel, let him be accursed," and con- 
sider to whom that belongs ; but what think ye 
of the bishops, said some ? I answered, that I 
truly think the bishops take more on them than 
Christ, who was a better preacher than any of 
them ; for he would not meddle with the divid- 
ing the inheritance among the brethren; as 
when the young man in the Gospel came to 
Christ, saying to him, Master, bid my brother 
divide the inheritance with me, but our Lord 
refused, saying, Who made me a judge? seeing, 
he being a spiritual teacher, refused to meddle 
with civil law, why will our bishops sit in par- 
liament, and go in before earls? I am informed 
they sit and ride in parliament, and judge in 
worldly affairs ; they have their coaches to sit 
in, but neither Christ nor his apostles had them; 
they are lords over God's heritage, and our 
Saviour says to his ministers, The princes of the 
Gentiles exercise dominion, but it shall not be s;i 
among you, but he that will be greatest shall be 
servant of all. The bishops are like the Scribes 
and Pharisees against whom the Lord pro- 
nounced many a wo ; Wo be to you Scribes and 
Pharisees, ye love the chief seats in the syna- 
gogues, so love our bishops the chief seats of the 
parliament; Wo be to you Scribes and Pharisees, 
for ye love to wear long robes, and to be called 
of men Habbi: the bishops desire side gowns, 
and a man to bear up their tails too, and they 
think they never get their right style til) they be 
called my lord, and some 01 them your grace ; 
you give grace to a graceless face; they oppress 
the poor people to feed their own bellies, for 
which the Lord pronounces many a wo against 
them. Then said they, Timothy and Titus were 
bishops. I answered. They were preaching 

bishops, but not bishops over whole dioceses ; and 

as the apostle says, 1 Tim. iii. "a bishop should 
be blameless, the husband of one wife, vigilant, 

BOber, of good behaviour, given to hospitality, apt 
to teach;" so I think B preaching bishop should 
have but one flock, but they will not be content 
with one kirk ; and if every bishop had as many 
of your wives as he has kirks, vou would be as 

CHAP. I.] 

along was with the greatest meekness and 
magnanimity ; and very much of the spirit 
of the primitive Christians runs through 
many of their last speeches. None of them 

ill pleased with them as I am. Remember ye not 
that scripture, " He that will not work should 
not eat ?" The bishops must have thousands in 
the year, but they preach but when they will. 
Then they asked me> What think you of the 
king ? I said, would you have me speak treason ? 
the king is set over us all by God, and all his 
subjects should pray for him, and defend his 
person and government, and obey in all things 
according to the word of God ; but I wish that 
his majesty and all kings may take good heed to 
the law of the Lord. Remember ye what 
befell king Uzziah that went into the temple to 
burn incense, which was not his office, and the 
priests forbade him and said, It shall not be 
for thy honour ; and the plague of God broke 
out upon him, and he remained a leper all his 
days ; so I think our king should fear God's 
judgments for breaking and changing the wor- 
ship of God. Remember ye not the king of 
Jerusalem that made a covenant with the king 
of Babylon, and the Lord owned it as his cove- 
nant ; when he broke it, he said he should be 
punished, his children were slain before his eyes, 
and his eyes plucked out, and he carried 
prisoner to Babylon, where he died. Remember 
you not how Herod in the 12th of the Acts, 
went up to the high place to make an oration, 
and the people said, It is the voice of a god, and 
not of a man, and the Lord sent his angel and 
smote him, and he was eaten of worms, that he 
died ; so I perceive there is no difference before 
God between the king and the beggar. Remem- 
ber that covenant that was between the Turk 
and the Christian king; the Christian brake the 
covenant, and the Turk held up the covenant, 
and said, If thou be a God as the Christians say, 
and as we dream thou art, revenge the quarrel 
of thy perfidious people, who in their deeds 
deny thee to be God, and he won the battle ; 
and think ye not the king should be afraid for 
the breaking of his lawful oath? Then Mr. 
White came in and disguised himself, and put 
on a gray hat and gray clothes that I should not 
know him, and he sat down upon the stocks 
beside me and began to say, I wonder at these 
country folks, if they had any other gospel 
preached unto them, it were something : then I 
answered, see what the scripture says, Gal. i. 6 
— 10. " I marvel that ye are so soon removed from 
him that called you into the grace of Christ 
unto another gospel ; which is not another ; but 
there be some that trouble you, and would per- 
vert the gospel of Christ : but though we or an 
angel from heaven preach any other gospel unto 
you than that which we have preached unto 
you, let him be accursed ; for do I now persuade 
men or God, or do I speak to please men ? for 
if I yet pleased men, I should not be the servant 
of Christ." Then said they, Have you learned 
your Latin, Greek, and Hebrew, that you 
should know these things? as long as better 
scholars and great men have done it, what needs 
you trouble yourself? That is, said I, as spoken 
in the Gospel of John, when the Scribes and 
Pharisees sent officers to take Christ, when 
he spake that parable, He that believeth on me, 



would save their lives hy renouncing , ( ,„ r 
the covenants, and taking the de- 
claration. None of them made any shifting 
defences in their process, but fairly and 

as the scripture hath said, out of his belly shall 
flow rivers of living water; then the Scribes 
sent officers to take him, and when they had 
not taken him, they asked, Why have ye not 
brought him ? the officers answered, Never man 
spake as this man ; then answered the Pharisees, 
Are ye also deceived ? Have any of the rulers 
believed on him ? but this people who know not 
the law are accursed. Remember ye not what 
our blessed Lord said, I thank thee, O Father 
of heaven and earth, that thou hast hid these 
things from the wise and prudent, and revealed 
them to babes. How know ye, but the Lord 
has revealed more to me than your bishops with 
their side tails ? Then came the captain of the 
guard and said, You may see we are right and they 
are wrong ; for we have won and they have lost : 
I did then remember what the scripture saith 
of John the Baptist, there was not one greater 
born among women, who was the forerunner of 
Christ, yet when he had done the work the 
Lord sent him for, he was beheaded by cursed 
Herod ; many of you say that Herod was right, 
and John the Baptist wrong. They were not able 
to answer this. Then I said, When Cromwell 
took his prisoners, he neither headed them nor 
hanged them as ye do ; then they answered me, 
Cromwell had not right nor law as we have : 
I said, I will seek no other words against you 
than that of your own mouth, for ye say, that 
Cromwell had no right nor law, yet he won 
many a battle against you, and over-ruled the 
best of you ; ye see a wicked man may prosper 
in an evil cause ; for your law, I trow, it be 
like that cursed law, By our law he must die, 
and by our law they must die. Then came 
some of the soldiers, and said, We have heard 
tell of some of your countrymen that have 
been hanged for stealing kine and horse and 
sheep, but you are the first we have heard of 
laid down his life for religion : then I answered, 
If one that is barbarous, or come out of a barbar- 
ous place, has respect to his conscience, what 
shall come of you who think yourself brought 
up at the feet of Gamaliel, that has no respect 
to your conscience, what think you shall become 
of you when you shall be judged at the last day ? 
Then said they, Speak no more to him, let him 
alone. Then after that I heard that they would 
take no more lives ; then came some of the 
greatest men to me, and said, What think you of 
yourself now ? there is a barrel with pikes made 
to put thee in, and roll thee up and down : I 
said, I even think of myself as I did at first ; I 
said unto him, Why have you not taken all their 
lives, seeing they are all alike guilty? Then they 
said, You are more cruel than we are, for we 
have taken but some to be example to others ; 
then I said, Wo be to your example, for your 
example is not according to the word of God, 
for remember what the word of God saith, The 
son shall not die for the father, nor the father 
for the son, far less should a man be an example 
to one that is born in England or Ireland. I 
heard that they were minded to strangle me in 
prison, but they could not agree among them- 
selves ; they said, We cannot tell how to do it, 


lfififi boldly owned what they had done, 
as Christians and Scotsmen, for 
the cause of religion and liberty. All 
of them owned the king's authority, and 
disclaimed any rebellious designs, to set up 
against the government, and still professed 
they were craving no more, but a redress 
of the church and kingdom's grievances in 
the only way now left them. I hear, most, 
if not all of them, left their written testi- 
monies behind them, and it is pity any of 
them are lost. Scarce the half of them are 
in Naphtali. Though some of them had 
lived long in bondage through fear of death, 
and others of them had sore anguish of 
body through the wounds received at Pent- 
land, their torture, and other pieces of ill 
treatment afterward, yet all of them died in 
great serenity and peaceful hope of salva- 
tion. George Crawford was so pleased to 
die, that he pressed to be up the ladder, 
and, when upon the top of it, triumphed in 
Christ. And as they had much solid peace 
and comfort as to their own eternal state, 
so many of them had a firm expectation 
that God would deliver Scotland from the 
bondage of bishops, and their influence 
upon the heavy oppressions the country 
was groaning under. 

A few of them were persons of learning 
and great knowledge. Major M'Culloch, 
Corsack, Mr. Hugh M'Kail, have been 
spoken of already. When Knockbreck and 
his brother were turned off the ladder, it is 
said, they clasped each other in their arms, 
and thus endured the pangs of death. The 
most of them were illiterate persons, of very 
common education, and yet in their dying 
speeches they discover a greatness of soul, 
much piety, and good sense. Their friends 

but word will be gotten of it, and then it will 
make us more odious. After I came out of 
prison, my lord Eglinton sent for me, and 
asked me of tliir passages, and he said to me, 
Poor man, poor man, you did well in not doing 
what they would have had you to do: I answered 
to my lord, You are speaking treason, you say I 
have done well, %vhereas you persecute them 
from the first to the last ; this tells me in experi- 
ence, that you have gone against the light of 
your conscience; Wo will be to you that go against 
the light of your conscience. My lord said, Know 
you not I kept you from being hanged, and are 
you telling me that? I answered, Keep me from 
drowning too, I will tell you the verity. 


who knew them before, could not but 

remark, it was given them what and how to 
speak in that hour. John Wodrow, mer- 
chant in Glasgow, in his testimony and 
letter to his wife, was observed to go far 
beyond one of his education and circum- 
stances ; and his very style was noticed to 
be much above what it was formerly known 
to be. * Humphrey Colquhoun, when he died, 
spoke not upon the scaffold and ladder, like 
an ordinary townsman, but like one in the 
suburbs of heaven ; related his Christian ex- 
periences, called for his Bible from one of his 
friends, and laid it on his wounded arm, and 
read some most apposite passages, and spoke 
to the admiration of all who heard him. 
Unless it be the first three worthies men- 
tioned in the former book, never did men in 
Scotland die more lamented by the specta- 
tors, yea, the religious part of the nation, 
but most of all, when Mr. Hugh M'Kail 
suffered, there was scarce ever seen so 
much sorrow in on-lookers ; scarce was 
there a dry cheek in the whole street, or 
windows at the cross of Edinburgh.-)- He 

* This John Wodrow, I find from a MS. 
history of the family now in my hands, was 
uncle to the historian, though his native modesty 
has prevented him from taking any notice of 
the circumstance. — Ed. 

f At the place of execution, Mr. M'Kail 
having addressed to the people a speech and 
testimony, which he had previously written 
and subscribed, sung part of the 31st Psalm, 
after which he prayed with great power and 
fervency. He then, handing from him his hat 
and cloak, took hold of the ladder, and, as he 
went up, said, with an audible voice, a I care 
no more to go up this ladder, and over it, than if 
I were going home to my father's house. Friends 
and fellow sufferers, be not afraid, every step 
of this ladder is a degree nearer heaven." Hav- 
ing seated himself on the ladder, he said, " I do 
partly believe, that the noble counsellors and 
rulers of this land, would have used some miti- 
gation of this punishment, had they not been 
instigated by the prelates, so that our blood lies 
principally at the prelates' door, but this is my 
comfort now, I know that my Redeemer livi'th, 
&c. And now I do willingly lay down my 
life for the truth and cause of God, the covenant*) 
and work of reformation, which were once 
counted the glory of this nation; and it is for 
endeavouring to defend these, and to extirpate 

the bitter root of prelacy, thai I embrace this 

rope." Hearing the people weep, he continued, 
" Your work is not to weep, but to pray, that 

m may lie honourably borne through, and aton- 
ed be the Lord that Supports DM now. As 
1 have been beholden to the prayers and kind- 
ness rf many, since my imprisonment and sen- 
tence, so I hope you will not be wanting to mo 


was a youth of twenty-six years of age, lie faith upon, that the night after 
universally beloved, singularly pious, of very j the battle, and after some of these 

considerable learning. He had seen the 
world, and travelled some years abroad, and 
was a very comely graceful person. I am 
told he used to fast one day every week, 
and had frequently before this signified to 
his friends, his impressions of such a death 
as he now underwent. His share in the 
rising was known to be but small; and 
when he spoke of his comfort and joy in 
death, heavy were the groans of these 

Many remarks might have been made 
upon the process insert in the appendix, and 
pleasant observes from the testimonies pub- 
lished in Naphtali ; but this would swell this 
work very much. When these good people 
were executed, such who were accustomed 
too much to cursing, cursed the prelates ; 
and such as used to pray, prayed the guilt 
of this innocent blood might not be laid to 
their charge, nor visited upon the land. I 
have met with several accounts of prodigies 
seen in the air about this time ; and persons 
who lived then, of good information, have 
left behind them a very strange passage, that 
several people about Pittenweem made pub- 

now, in the last step of my journey, that I may 
witness a good confession : and that ye may 
know what the ground of my encouragement in 
this work is, I shall read to you, in the last 
chapter of the Bible," which, having read, he said, 
" Here you see the glory that is to be revealed on 
me ; ' a pure river of water of life,' &c. ; and here 
you see my access to my glory and reward, 
' Let him that is athirst come,' &c. ; and here 
you see my welcome, « The Spirit and the bride 
say, Come.' Then, looking down the scaffold, he 
said, " I have one word more to say to my 
friends, Where are ye? ye need neither lament 
nor be ashamed of me in this condition, for I 
make use of that expression of Christ, ' I go to 
your Father and my Father, to your God and 
my God,' to your King and my King, to the 
blessed apostles and martyrs, and to the city of 
the living God, the heavenly Jerusalem, to an 
innumerable company of angels, to the general 
assembly of the first-born, to God the Judge of 
all, to the spirits of just men made perfect, and 
to Jesus the mediator of the new covenant; and 
I bid you all farewell, for God will be more 
comfortable to you than I could be, and he will 
be now more refreshing to me than you can be. 
Farewell, farewell in the Lord." The napkin 
was now put upon his face, but having prayed 
for a short space, he put it up with his hand, 
and said, he had a word more to say concerning 
what comfort he had in his death, " I hope you 
perceive no alteration or discouragement jn my 

public executions, they heard the voice of 
a multitude about Welston Mount, praising 
and singing psalms with the sweetest melody 
imaginable: but I am unwilling to insert 
any thing here save what is fully attested, 
and leave those things to be inquired into 
by such as shall write a complete history of 
these times. 

It is not my work in this historical essay, 
to insist upon a vindication of these religious 
and excellent persons who suffered at this 
time. This hath been done oftener than once, 
and this rising hath been proven to be no 
rebellion, but a necessary and forced appear- 
ance for religion, liberty, and property : and 
yet, without ever attempting an answer to 
what hath been said in vindication of 
these sufferers, it hath been the way of the 
prelatic party to run them down as villains 
and rebels. This was the cant of the days 
before the late happy revolution ; and no 
great wonder, since the then laws and gov- 
ernors were pleased to talk at this rate : but 
this treatment, I confess, is a little odd 
since that happy turn, when matters are 
much altered. That Jacobites and papists 

countenance and carriage, and, as it may be your 
wonder, so, I profess, it is a wonder to myself, 
and I will tell you the reason of it. Besides 
the justice of my cause, this is my comfort, 
what was said of Lazarus when he died, ' that 
the angels did carry his soul to Abraham's 
bosom,' so that as there is a great solemnity here 
of a confluence of people, a scaffold, a gallows, a 
people looking out at windows, so there is a 
greater and more solemn preparation of angels, 
to carry my soul to Christ's bosom. — Again this 
is my comfort that it is to come to Christ's hand, 
and he will present it blameless and faultless to 
the Father, and then shall I be ever with the 
Lord. And now I leave off to speak any more 
to creatures, and begin my intercourse with 
God, which shall never be broken off. Farewell 
father and mother, friends and relations — fare- 
well the world and all delights — farewell meat 
and drink — farewell sun, moon, and stars — 
welcome God and Father — welcome sweet 
Jesus Christ, the Mediator of the new covenant, 
— welcome blessed spirit of grace, and God of 
all consolation — welcome glory — welcome eter- 
nal life, and welcome death." He then desired 
the executioner not to turn him over till he 
himself should put over his shoulders, which, after 
a few moments spent in prayer within himself, he 
did, saying, " O Lord, into thy hands I commit 
my spirit, for thou has redeemed my soul, O 
God of truth." Vide Samson's Riddle, Naph- 
tali, Biographia Scoticana, &c. &c. — Ed. 


,„ fi „ should continue in the style of those 
times, they would so willingly have 
us back to, is no great wonder : but for any 
who own the revolution, the authority of 
king William of ever glorious memory, and 
the Protestant entail now so happily taken 
effect and established, to rail at these persons 
as rebels and what not, is every way unac- 
countable and inconsistent. The very same 
reasons which vindicate the revolution, " as 
being an extraordinary case, a case of 
necessity, and still implied, though not 
expressed in the general rules of loyalty and 
subjection to sovereigns, when the sovereign, 
misled by evil counsellors, endeavoured to 
subvert and extirpate the Protestant religion, 
and the laws and liberties of the kingdom," 
to borrow the words of a great lawyer, the 
same arguments are of equal weight in this 
case. The cause was indeed the very same, 
religion and reformation, law and liberty; 
and had the attempt under the prince of 
Orange miscarried, as, blessed be the Lord, 
it did not, no question it would have been 
branded with the same hard names of rebel- 
lion, and resisting the ordinance of God, 
this was loaded with, yea, with worse. 

We have seen the declaration of these 
people who rose at Pentland, and I shall 
refer the reader to the documents subjoined, 
where he will see two associations or cove- 
nants, if he please, entered into at Exeter, 
and in the north of England, while kingJames 
VII. was upon the throne, which in some 
things go a greater length than our Pentland 
men.* And if the success of this rising 

* Association at Exeter, 1683. 
We whose names are hereunto subjoined, who 
have now joined with the prince of Orange, for 
the defence of the protestant religion, and for 
the maintaining the ancient government, and 
the laws and liberties of England, Scotland, and 
Ireland, do engage to Almighty God, to his 
highness the prince of Orange, and to one another, 
to stick firm to this cause, in the defence of it, 
and never to depart from it, until our religion, 
laws, ami liberties, are so far secured to us in a 
free parliament) that we shall he no more in 
danger of falling under popery and slavery. 
And whereas we are engaged in this common 
cause, under the protection of the prince of 
Orange, by which case bis person might be 
exposed to danger, .'Hid to the cursed attempts 
of papists and other bloody men ; we do therefore 
solemnly engage to God, and one another, that 
if any such attempt be made upon him, we will 


was not equal to that of the revolution, 

these brave and gallant men were not to 
blame : but the Lord's time set for the 
delivery of this poor church and kingdom, 
was not come. And I must add, what hath 
been already hinted, that their appearance 
was not concerted with that caution the 
difficulty of the times required ; and they too 
much depended upon assistance from others 
in the same oppressed circumstances with 
themselves : and when that failed them, 
they failed in their attempt. But leaving 
those things to others who may handle them 
more fully, as a historian I shall only lay 
before my readers, the plain matters of fact 
as to this undertaking, many of them scat- 
tered up and down in the former account ; 
that having the whole circumstances under 
view at once, they may judge for themselves. 
Pentland attempt, then, was no premedi- 
tated, but a very accidental rising, some few 
country people were obliged to by the bar- 
barous oppression of the cruel soldiers. — It 
was merely upon necessity and self-defence 
they took arms, being morally assured they 
would be murdered by these merciless men, 
had they not looked to themselves after their 
first attempt. — When some were thus got 
together, others of better note joined them, 
as being under the same grievances, though 
not so liable to military execution as they ; 
and knowing no other method of getting 
redress, but in this posture, all application 
to the king being discharged by law, and the 
bishops in council effectually stopping any 
thing like this; that they had no more in 

pursue not only those that make it, but all their 
adherents, and all that we find in arms against 
us, with the utmost severity of a just revenge, 
to their ruin and destruction. And that the 
execution of any such attempt (which God of 
his infinite mercy forbid) shall not divert us 
from prosecuting this cause, which we do now 
undertake, but that it shall engage us to carry it 
on with all the vigour that so barbarous an 
action shall deserve. 

Association in the North of England, 1GSS. 

We being made sadly sensible of the arbitrary 
and tyrannical government that is, liy the Influ- 
ence of Jesuitical counsels, coming upon us, do 
unanimously declare, That not being willing to 
deliver our posterity over to such a condition of 
popery and slavery, as the aforesaid illegalities 
do inevitably threaten, we will, to the utmost of 
our power, oppose the same, by joining with the 
prince of Orange, fee. And herein we hope all 

CHAP. I.] 

their view, appears plain enough, from their 
treatment of Sir James Turner, when in 
their hands. — When they came eastward to 
make this application, and had, at the noble- 
men's desire, with the general's concurrence, 
agreed to a suspension of arms, and had in 
part proposed their grievances, and these 
were sent to the council, and they some 
way under a treaty ; they were attacked in 
a sudden and subdolous way, and obliged 
then to resist force by force, when no 

indemnity was allowed them When taken 

at the engagement, they got quarters, and a 
promise of their life ; and it was contrary to 
all rules to be dealt thus with after quarter 
given and taken. — Several of those who 
were executed, were not in the engagement, 
had not borne arms, and were only in the 
company with the rest, when going through 
the country. — Some of them, I know not 
how many, not having the date of the king's 
letter, nor the time when the primate 
received it, died to gratify bishop Sharp's 
cruelty, and contrary to the king's express 

orders, " that no lives should be taken." 

All of them owned the king's authority, and 
suffered really, if the matter be narrowly 
considered, not so much for their rising in 
arms, there was grace to pardon that, as for 
their not renouncing their sworn covenant, 
and refusing to take the declaration, for 
which it would seem, the bishops would 
allow of no mercy : so that they died not for 
rebellion, but religion and conscience' sake. 
— In short, the reader will notice, that these 
worthy persons are fairly vindicated, as 
soon as the nation recovered its senses, by 
our revolution-parliament act, July 4th, 
1690, rescinding forfeitry, where the forfeited 

good protestants will, with their lives and 
fortunes, be assistant to us, and not be bug- 
beared with the opprobrious terms of rebels, by 
which they would fright us to become perfect 
slaves to their tyrannical insolencies and usur- 
pations : for we assure ourselves, that no rational 
and unbiassed person will judge it rebellion to 
defend our laws and religion, which all our 
princes have sworn at their coronation ; which 
oath, how well it hath been observed of late, we 
desire a free parliament may have the consider- 
ation of. We own it rebellion to resist a king 
that governs by law, but he was always accounted 
a tyrant, that made his will his law ; and to 
resist such a one, we justly esteem no rebellion, 
but a necessary defence, &c. 




persons are restored, not ex gratia, 
but exjustitia; and all decreets and 
sentences pronounced by any judges against 
them, are declared void and null from the 
beginning. The good men confessed they had 
risen in arms, and the thing was evident ; yet 
our parliament, in this circumstantiate case, 
plainly judging it not to be treasonable, or 
rebellion, pronounce ex justitia, their sen- 
tences void and null from the beginning, and 
those excellent persons innocent : and I 
have no doubt, but long before this public 
vindication from men, these sufferers had a 
very comfortable sentence passed upon them 
by the righteous Judge of all men. 




Tins affair of Pentland had no small 
influence upon the interests of pre- 
lacy in Scotland : some of the bishops at 
least reckoned now their enemies were 
buried, and that none would dare, after this, 
to move a lip against them or their procedure. 
Their fears were much over, and they took 
care to brand the presbyterian party, as a 
few inconsiderate rash rebels, enemies to 
monarchy and them ; but they came to see 
their mistake, and matters proved quite 
contrary to their expectation. The blood- 
shed last year, had an effect not unusual in 
the Christian church, really to encourage 
good people in their adhering to the words 
of Christ's patience. Since the reformation 
there had been but few executions for 
conscience' sake ; and now when these are 
turning common, by the cheerful and Chris- 
tian sufferings of so many, people are ani- 
mated to their duty, and hardened against 
danger ; as if now, and scarce till now, they 
had believed that torture and death for 
Christ's sake, can be gone through with 
cheerfulness, by Divine assistance ; and that 
not only by eminent, but ordinary saints. 

To blacken these noble sufferers, Mr. 
Robert Lawrie,* a little after their death, 

* He was by the people of Edinburgh, on a 
former occasion, termed " the nest egg." — Ed. 



,„„„ declared, from one of the pulpits 
in Edinburgh, that they had gone 
down to the pit with a lie in their right 
hand ; but brought no proofs of his uncharit- 
able and unchristian censure. There was 
indeed a cause ; he was hounded out to this 
bitter and unjust reflection. Their death, 
and the triumphant nature of it, had left 
deep impressions of the righteousness of 
their cause, and their own innocence : 
and this public calumny only left the 
speaker under a blot, yea, the hatred and 
contempt of many, but did no hurt to the 
sufferers. Indeed, from the time of these 
repeated public executions, the episcopal 
interest in this kingdom gradually and 
sensibly decayed, till the prelates, the chief 
instruments of this bloodshed, were at length 
laid aside as a public nuisance. The 
nobility perfectly wearied to follow these 
severe courses, and this year the persecution 
slackened, people began more generally to 
dishaunt the churches, and the outed 
ministers ventured to preach a little more 
publicly, particularly Mr. John Welsh, whose 
labours were singularly and eminently 
blessed of God. Multitudes flocked to their 
sermons, and much love to the gospel 
abounded in a proportion to the benefit 
people felt by it : and the poor honest 
people, who were in raillery called Whigs, 
from a kind of milk they were forced to 
drink in their wanderings and straits, became 
name-fathers to all who espoused the interest 
of liberty and property through Britain and 
Ireland. If the reader would have another 
and perhaps better origination of the word, 
he may consult Burnet's Memoirs of the 
House of Hamilton. 

A little after the restoration, as hath been 
observed, Lauderdale had reasoned against 
the establishment of prelacy in Scotland, as 
what would raise uneasiness to the govern- 
ment there, being really contrary to the 
inclinations of the most and best of the 
king's subjects. He was over-ruled, and 
the general outward quiet of the country, 
for some years after the obtrusion of episco- 
pacy, seemed to vindicate the sentiments 
of such who had opposed him : but this 
insurrection, together with the general and 
growing contempt of the bishops and their 


clergy, and the great frequenting of presbv- 
terian ministers' sermons, in houses and the 
fields, made the king to reflect upon what 
Lauderdale had assured him of; and being 
bent on his pleasures, lazy in business and 
impatient of disturbance, he was the more 
inclinable to mild and moderate measures. 
Accordingly, this year, after a considerable 
struggle with the prelates and their party, 
Lauderdale prevailed, and got an indemnity 
for Pentland insurrection, and in a little 
time the first indulgence came down. 

That the reader may have a further view 
of the severities after Pentland altogether, 
I shall first give some account of the 
methods taken by the army in the west and 
south on the back of this insurrection, and 
the forfeitures passed under form of law; 
and then essay a more particular narrative 
of the procedure against presbyterians this 
year, the bond of peace offered them, with 
the indemnity at length granted. These 
may be matter for two sections. 

Of the severities of the army after Pentland, 
the forfeitures and other hardships upon 
such as were concerned in that attempt. 

A little after the victory at Pentland, 
general Dalziel, with a considerable number 
of his troops, marched westward to improve 
his success, in harassing all suspect of favour- 
ing presbyterians. We have, upon the 
former chapter, seen the powers given him 
by the council, December 1st. Here opens 
a scene of cruelty unheard of before in 
Scotland. Sir James Turner lately had 
forced Galloway to rise in arms, by his 
cruelty the last and former years : but he 
was an easy master, compared with the 
general, his ruffians, and Sir William Bannan- 
tyne this year. The reader cannot form any 
notion of their carriage, without some few 
instances out of many which might be given. 
It was the smallest part of those hardships, 
that the soldiers took free quarter through 
the west and south, as if they had been in 
an enemy's country : though this went very 
nigh to destroy the sustenance of that 


country. In short, the soldiers do what the}' 
will, without control. 

The general takes up his head-quarters for 
some time in the town of Kilmarnock. I 
have a well attested account of man)' sums 
extorted from the inhabitants of that country 
town, by me, too large to insert here ; but 
only remark from it, that their loss, by quar- 
tering of soldiers, and other impositions, in 
a few months after Pentland, at a very modest 
calculation, was upwards of fifty thousand 
merks ; a terrible sum for a place of their 
poverty at that time. Hither Dalziel calls 
in the country-people about, the heritors, and 
whomsoever he pleases. Suspicion, without 
any probation, is what he goes upon. If he 
or his informers were pleased to entertain 
any jealousy a man had been in arms, or 
harboured any who had been in arms, this 
is reason enough to sist him before him ; 
and, as it was lately at the commission-court, 
few came but were either guilty, or made so, 
if they had any money. He not only 
examined privately, and endeavoured to 
expiscate crimes, and then pronounced sen- 
tence as he pleased, but threatened, and 
cruelly tortured whom he would. Not a 
few, yet alive, remember how he thrust so 
many into that ugly dungeon in Kilmarnock, 
called the thieves' hole, upon mere suspicions 
of their being accessory to the late rising, 
where they could not move themselves night 
or day, but were obliged constantly to stand 
upright. When in this pinfold, one of them, 
and it was God's good providence there 
were not many more, fell dangerously sick : 
the general would not allow him to come 
forth, till two compassionate persons were 
bail for him, to return him living or dead. 
The poor man died in a little, and the two 
sureties were forced to bring the body to the 
prison-door, where it lay a considerable time, 
till the general, in his great humanity, per- 
mitted the body to be buried. But some- 
what worse follows. 

David Finlay in Newmills parish, not far 
from that town, is by order brought before 
him. When examined, he acknowledged he 
was accidentally at Lanark, when colonel 
Wallace and his army came thither, but had 
not joined them. Being interrogate further, 
whom he saw there ? he gave little satisfac- 


tion ; and because he would not, and 



indeed, being only transiently there 
upon his business, could not give an account 
of the rich Whigs there, presently the general 
sentences him to die. He was no soldier 
under Dalziel's command, no judge had 
passed sentence against him, no witnesses 
were adduced, no council of war held, and yet 
the poor man is summarily ordered to be shot 
to death immediately. When he was carried 
off from the general, neither the lieutenant 
who was to execute the sentence, nor the 
man himself, took Dalziel to be in earnest ; 
but they found otherwise. The soldiers had 
positive orders to execute the sentence : 
when they signified so much, the poor man 
begged, for the Lord's sake one night's time 
to prepare for eternity. The lieutenant was 
so affected, that he returned to the general, 
and earnestly entreated the poor man might 
be spared but till to-morrow. His answer was 
like the man who gave it, " That he would 
teach him to obey without scruple." So the 
man was shot dead, stripped naked, and left 
upon the spot. The sergeant who had 
brought him from his own house to the 
general, being wearied, had gone to his bed, 
and slept a little ; when he awoke, and was 
acquainted with his sudden despatch, he 
sickened, took his bed immediately, and 
died in a day or two. 

Another instance of their tender mercies, 
was towards a poor country woman in the 
neighbourhood of Kilmarnock. A garrison 
was kept in the house of the dean, nigh by 
the town : the soldiers who lodged there, 
used frequently so traverse the country, to 
see if they could find out any of the Whigs 
wandering or hiding. One day a party of 
them saw a man at some distance, who, upon 
their approach, fled into a country-house 
near by, and both doors being open, only 
passed through it, and got down into a ditch 
full of water on the other side of the house, 
and stood up to the neck ; there he remained 
undiscovered, till he escaped. The party, 
when they observed him flee, pursued hard 
and came into the poor woman's house, and 
searched it narrowly, but miss their prey. 
All the poor woman could say, was, That 
indeed a man had run through her house, 
and she knew nothing about him : however 




here attested accounts of his carriage in two 

because she owned the man had 

been in her house, and could not 
produce him, she is brought prisoner to 
Kilmarnock, where she was sentenced to 
be let down to a deep pit under the house 
of the dean, full of toads and other vile 
creatures. Her shrieks thence were heard 
at a great distance ; but nobody durst 
intercede for her, otherwise they would 
have been sent to bear her company. 
Whether she died there, or what became of 
her, I know not. 

Instances of such severities might be 
multiplied. I add but one further. Sir 
Mungo Murray had the command of some 
soldiers, and was rummaging up and down for 
intelligence, and to seize wanderers. He 
gets notice of two countrymen who had 
given a night's lodging to two of the Pent- 
land men, when coming home. The men 
are brought in before him, and, without any 
further probation than hearsay, Sir Mungo 
orders the two countrymen to be bound 
together with cords, and hanged up by their 
thumbs to a tree, there to hang all night. 
It is odd to think, how cruel men fall up on 
such methods to torment their fellow- 
creatures, as this and others we shall meet 
with. The poor men would in all proba- 
bility have died before next day, through 
pain and torture, had not some of the soldiers 
been so merciful as to cut them down to 
save their lives, though this was at the 
hazard of being dealt with themselves the 
same way. These are some part of the 
unprecedented methods taken by the army 
in the west, and much more was done of 
this sort. The vexation, loss, and hardships 
the country-people were put to, cannot be 
expressed. Meanwhile, the poor Whigs 
either got off to wander in a strange land, or 
lurked in some retired corners under bor- 
rowed names, or hid themselves in caves and 
coal-pits ; and this was the sorest winter of 
persecution Scotland had known of a long 

Sir William Bannantyne, much about the 
same time, was sent into Galloway with a 
considerable party of soldiers under his com- 
mand. Some of his cruelties have been 
noticed, and others of them will come to be 
narrated afterwards : I shall only set down 

or three parishes, upon the back of Pentland. 
The reader will find more of this nature in 
Naphtali. He was more than once harass- 
ing this poor country. At his first incoming 
after Pentland, he brought four hundred foot, 
and a troop of horse to Roger Gordon's of 
Holm, in the parish of Dairy, against whom 
nothing could be charged ; but wherever they 
pleased, they took free quarters. At the 
Holm, he and his horsemen ate up sixteen 
bolls of corn, killed and ate vast numbers of 
sheep, and consumed abundance of meal and 
other things, besides what they took away 
from him and his neighbours. From thence 
they went to the house of Earlston. Some 
of the sufferings of the family of Earlston 
have been pointed at, and now the house is 
made a garrison. From this parties were 
sent out through that parish, and these 
about, and exercised inexpressible cruelties 
upon any they were pleased to allege had 
been at Pentland, or conversed with such. 
One David M'Gill, in that parish, whom they 
came to apprehend, escaped happily from 
them in women's clothes ; but dreadful was 
the way taken with his poor wife, whom they 
alleged accessory to her husband's escape. 
They seized her, and bound her, and put 
lighted matches betwixt her fingers for 
several hours : the torture and pain made 
her almost distracted ; she lost one of her 
hands, and in a few days she died. They 
pillaged the country round about, as they 
pleased. Some they brought to their gar- 
rison, though under heavy sickness, stripped 
them naked almost by the way, bound them, 
and cast them into nasty places, without the 
least accommodation ; and it was a great 
favour to let them out when at the point of 

Many were the fines the soldiers uplifted • 
from one countryman in Dairy parish ;. 
thousand merks were exacted; another poor 
man was fined in three hundred and twcim 
merks, a part of it was paid, and his bond 
taken for the rest, and that was afterward 
exacted in the year 168+. Another countrj • 
man in the same parish had a hundred and 
fifty pounds imposed upon him, and another 
four hundred merks. These fines were per- 
fectly arbitrary, founded upon alleged suspi- 


cions that the poor people had been con- 
cerned in the rising, and so were laid on just 
as the soldiers pleased, and as the man was 
able to pay. In the parish of Carsphairn, 
Gilbert Monry in Marbrack, without any 
alleged fault, had fifty merks imposed upon 
him. When he asked Sir William Bannan- 
tyne for what he was fined, the other 
answered, because you have gear, and I 
must have a part of it. Great numbers of 
sheep and nolt were taken in that parish, 
and gentlemen as well as others were ruined. 
Alexander Gordon of Knockbreck, for his 
sons being at Pentland, suffered a great deal, 
and his family after him, as in part we have 
seen. John Gordon in Carnevel* had his 
whole estate, being sixteen thousand merks, 
taken from him ; another lost his lands worth 
about six hundred merks a year. Seven 
hundred merks were taken by the soldiers 
from three countrymen near Loch Doon. 

In the parish of Balmagie, Sir William 
came into a public-house, and after calling 
for some ale, he offered wickedness, and 
attempted it on the mistress of the house. 
Her husband being present resisted him ; 
whereupon Sir William struck him down 
dead on the spot ; and some life remaining, 
when about to kill him outright, a gentleman 
in the parish being present, endeavoured to 

* Mr. Wodrow, in additions and amendments 
printed in the 2d Vol. of his History, besides 
correcting this name from Robert to John, adds, 
" He was elder brother to the present Robert 
Gordon of Garvery, who, after his brother's 
decease, succeeded to him. I had lately sent 
me an attested account of this worthy gentle- 
man's sufferings, too large to be insert here. 
They began after Both well, where Mr. Gordon 
was : his house at Carnavel, lying on the high 
road betwixt Ayr and Galloway, was often 
spoiled by the soldiers in their marches, and the 
gentleman was forced for a long time to forsake 
his own house and wander in the mountains, 
and in his absence great ravages were com- 
mitted. Three troops were quartered upon his 
family, who cut down a large bank of young 
trees, destroyed his corn and meadows, killed 
great numbers of his sheep, and took away what 
they pleased from him and his tenants. At the 
same time, four companies of foot, quartered in 
the church-yard of Carsfairn, not far from his 
house, and they brought in multitudes of his 
sheep, killed and ate them. In short, Garvery 
was forced to retire to London, and, after he 
had ventured home, 1683, he underwent great 
hardships, and was obliged to hide till the 
liberty 1687."— Ed. 




prevent him, and fell in grips with .„„„ 
Sir William, and being too strong 
for him, Bannantyne called in the soldiers 
who were at the door : they took the gentle- 
man, and bound him with his head betwixt 
his knees, and his hands behind his back, 
with a tether, and kept him lying on the 
ground in that pickle all that Saturday's night, 
and part of the Sabbath, till his friends came 
and gave bond for him. This gentleman was 
no Whig, but had been with the king's 
forces at Pentland. Bannantyne and his 
party drank in the house, most of the Lord's 
day ; and when they could drink no more, 
let what remained run upon the ground, and 
rifled the house of all in it. In short, it was 
known, that Bannantyne, in this country, 
never refused to let his men rob and plunder 
wherever they pleased. His oppressions, 
murders, robberies, rapes, adulteries, &c. 
were so many and atrocious, that the 
managers themselves were ashamed of them : 
and we shall afterwards hear that he was 
called to some account for them, and forced 
to flee the nation ; and when at London, 
made an attempt upon Lauderdale, which 
obliged him to go abroad, where he died in 
misery. Those hardships from the army 
continued upon the west and south country, 
till, towards the beginning of June, a 
squadron of Dutch ships came up the Firth 
of Forth, to make reprisals for the hurt done 
to their trade by our privateers. They shot 
some guns at Leith, and fired some hours 
upon Burntisland, without doing any great 
damage. The army was then ordered to the 
east country to guard the coasts. 

A great many other hardships were put 
upon good people after Pentland, by others 
as well as the army. Many were imprisoned 
upon mere suspicion, and without any ground 
put to a vast deal of trouble. James 
Grierson of Dalgoner was imprisoned in the 
tolbooth of Ayr ; he was perfectly innocent 
as to the rising in arms, and earnestly craved 
a trial, but was not allowed it : at length, 
upon giving caution for compearance, under 
a vast sum, he is let out. John Hamilton 
of Auldstane or Austane, was in January 
apprehended by the council's order, upon a 
suspicion that major Learmont, his son-in- 
law, had been in his house after Pentland. 


,,,„„ Nothing could be proven, and with 
difficulty he got out, upon giving 
bond to compear when called, under penalty 
of ten thousand merks. At the same time 
I find the council liberates one Carmichael, 
alleged to have been at Pentland, upon his 
signing an obligation to serve at sea in a 
/rigate. But I come to end this section, 
with some account of the procedure of the 
government, in forfeiting such who were not 
catched at Pentland, and others who had 
n-ot been there, in August this year ; and 
some hints at the sufferings of others upon 
the account of that rising, of which I have 
no particular dates, but they come in natively 
enough here. 

Upon the 15th of August, the earl of 
Athole justice-general, and Sir John Hume 
of Renton justice-clerk, with the two 
assessors appointed by the council, the earls 
of Linlithgow and Dumfries, hold a justice- 
court at Edinburgh. Their main design 
was against the lairds of Caldwell and 
Kersland, whose estates were to be given 
the general and lieutenant-general, for their 
good services. 

Sir John Nisbet the king's advocate 
produceth a commission signed by the com- 
missioner Rothes, to pursue criminally before 
the justice-court, and for forfeiting these 
following persons in their lives and fortunes, 
as being in the late rebellion in the west, 
viz. " colonel James Wallace, major Joseph 
Learmont, William Maxwel of Monrief 
younger, John M'Clellan of Barscob, John 
Gordon of Knockbreck, Robert M'Clellan 
of Barmageichan, James Cannon of Burn- 
shalloch younger, Robert Cannon of Mont- 

drogat younger, John Welsh of Star, 

Welsh of Cornley, Gordon of Garrary 

in Kells, Robert Chalmers brother to Gad- 
girth, Henry Grier in Balmaclellan, David 
Scot in Irongray, John Gordon in Middleton 
of Dairy, William Gordon there, John 
M'Naught there, Robert and Gilbert Cannons 
there, Andrew Dempster of Carradow, James 
Grierson of Dargoner (who was delayed), 

James Kirk of Sundaywell, Ramsay in 

Mains of Arnistoun, John Hutchison in 

Newbottle, Row, chaplain to Scots- 

tarbet, Patrick Listoun in Caldcr, Patrick 
Listoun his son, Janus Wilkie in Mains of I 


Cliftounhall, William Muir of Caldwell, the 

good-man of Caldwell, Mr. John Cuningham 
of Bedland, William Porterfield of Quarrel- 
toun, Alexander Porterfield his brother, 
Robert Ker of Kersland, William Lockhart 
of Wicketshaw, David Pe in Pokellie, Mr. 
Gabriel Semple, Mr. John Semple, Mr. John 
Guthrie, Mr. John Welsh, Mr. Samuel 
Arnot, Mr. James Smith, Mr. Alexander 

Pedin, Mr. Orr, Mr. William Veitch, 

Mr. Paton, Mr. John Crookshanks, Mr. 

Gabriel Maxwel, Mr. John Carstairs, Mr. 
James Mitchel, and Mr. William Forsyth." 
What hath been remarked upon the 
proclamation, December 4th, above narrated 
discharging reset and converse with those 
above named, needs not be repeated here. 
Some here insert, as Mr. Crookshanks, 
were dead, and some others named had no 
being : and we shall afterward hear, that 
the council correct the names of some of 
them, in the indemnity which comes down 
this year. Upon dittay given in against 
these persons by the advocate, which I 
have insert below,* the court decerns them 

* Indictment against colonel Wallace, Sj-c. 1667. 
Curia justiciaria, S. D. N. regis, tenta in pne- 
torio burgi de Edinburgh, decimo quinto die 
mensis Augusti, 1667, per nobilem et potentem 
comitem Joannem, comitem de Athole, justi- 
ciarium generalem dicti supremi nostri regis, 
et dominum Joannem Hume de Rentoun, mi- 
litem, clericum justiciarium dicti S. D. N. 

Curia legittime affirmata. 
Assessors to the justices: — 
Alexander earl of Linlithgow, 
William earl of Dumfries. 
My lord advocate produced an act of his 
majesty's privy council whereof the tenor is 
insert above. 

The which day, colonel James Wallace, major 

Joseph Learmont, Maxwell of Monrief 

younger, Maclellan of Barscob, Mac- 

lellan of Balmagachan, Cannon younger of 

Barnshalloch, Cannon younger of Bailey, 

Cannon younger of Mondrogget, Welsh 

of Skar, Welsh of Cornley, — — Gordon of 

Garery in Kells, Robert Chalmers brother to 
Gadgirth, Henry Grier in Balmaclellan, David 
Scol in Irongray. John Gordon in MidtOD of 
Dairy, William Gordon there, William Mac- 
naught there, Robert and Gilbert Cannons there, 

Gordon elder of liar of Kilpatrick-durham 

Patrick Macnaught in Cnmnodc, John Mac- 
naught his son, Gordon younger of Holm, 

Dempster of Carridow, of Dar- 
goner, of SundiwaQ, Ramsay in 

the Mains <>f Arniston, John Hutchison in 

Newbottle, Row Chaplain to Scotstarbet, 

Patrick I.istoti rider portioner of Langton, 
William Listen his son in Crofthead, Patrick 


to be denounced rebels, and their lands to 
fall to his majesty's use, as outlaws and 
fugitives from his majesty's laws, upon their 
noncompearance. It seems a simple for- 

Liston younger in Over-liston, — — Wilkie in 
the Mains of Cliftonhall, William Muir of 
Caldwell. John Caldwell of Caldwell, Robert 
Ker of Kersland, Mr. John Cunningham of 
Bedland, William Poiterfield of Quarrelton, 
Alexander Porterfield his brother, William 
Lockhart of Wicketshaw, John Hutchison of 

Harelaw, Bell of Middlehouse, William 

Denholm of Wasteshields (his name is not in my 
lord advocate's Warrant, to be insisted against, 
and was past from judicially, and therefore is 
delete) David Poe in Pokelly, Mr. Gabriel 
Semple, John Semple, Mr. John Guthrie, Mr. 
John Welsh, Mi-. Samuel Arnot, Mr. James 

Smith, Mr. Alexander Pedin, Mr. Orr, 

Mr. William Veitch, Mr Paton, Mr. John 

Cruikshanks, Mr. Gabriel Maxwell, Mr. John 
Carstairs, Mr. James Mitchell, Mr. William 
Forsyth, being oftentimes called to compear 
before his majesty's justice-general, justice-clerk, 
or justice-deputes, to have underlien his ma- 
jesty's laws for the crimes following, mentioned 
in the dittay : that where, notwithstanding by 
the common laws, and the law of nations, and 
the laws and practice of this kingdom, and 
many clear and express acts of parliament, the 
rising of his majesty's subjects, or any number of 
them, and their joining and assembling together 
in arms, without his majesty's command, war- 
rant, or authority, and when the same is not only 
without, but against and in opposition to his 
majesty, and his authority and laws, are most 
horrid and heinous crimes of rebellion, treason, 
and lese-majesty in the highest degree; and all 
persons committing or guilty of the crimes, or 
any ways accessory thereto, or who do abet, 
assist, reset, or intercommune with, or keep 
correspondence with such rebels, or otherwise 
do supply them in any manner of way ; and 
being required by proclamation or otherwise, do 
not rise with, and assist his majesty's lieutenant, 
and others having power and authority for 
repressing the said rebels, ought to be proceeded 
against, and severely punished as traitors, con- 
form to the laws and acts of parliament of this 
kingdom : and in special it is statute and ordain- 
ed by the 3d act of king James I. his first parlia- 
ment, " That no man openly or notourly rebel 
against the king, under pain of life, lands, and 
goods." And by the 27th act of the said king 
James I. his second parliament, it is statute, 
" That no man shall wilfully resist, maintain, 
and do favour to open and manifest rebels against 
his majesty and the common laws, under the 
pain of forfeiture." And by the 14th act of king 
James II. his sixteenth parliament, entituled, 
" sundry points of treason," it is statute, " That 
if any man do, or commit treason against the 
king's person or his majesty, or rises in fier of 
war against him, or resets any that has com- 
mitted treason, or supplies them in help, ease, 
or counsel, they shall be punished as traitors." 
And by the 144 act of king James VI. pari. 12. 
it is statute, " That where any declared traitor 
repairs in any part of this realm, none of his 
majesty's subjects shall presume to reset, supply 
or intercommune with them, or give them any 




feiture was not reckoned a good 
enough claim for the estates now to 
be disposed of, and therefore the advocate 
urged to have a sentence of death passed 

relief or comfort ; and that immediately upon 
their repairing in the bounds, all his majesty's 
good subjects do their exact diligence in appre- 
hending the said traitors and rebels ; and that 
with all speed they certify his majesty, or some 
of his sacred council, or some persons of authority 
and credit within the shire, that such rebels are 
within the same, under the pain that the said 
rebels and traitors ought to sustain, if they were 
apprehended, and convicted by justice." Likeas, 
by the 5th act of his majesty's late parliament, 
and first session thereof, it is declared, " That it 
shall be high treason to the subjects of this king- 
dom, or any number of them, more or less, upon 
any ground of pretext whatsomever, to rise and 
continue in arms, to make peace or war, to make 
treaties or leagues with any foreign princes or 
estates, or amongst themselves, without his 
majesty's special authority and approbation first 
interponed thereto ; and all other subjects are 
discharged, upon any pretext whatsomever, to 
attempt any of those things under the said pain 
of treason." And by the 7th act of the foresaid 
parliament, and first session thereof, all his 
majesty's subjects are inhibited and discharged, 
that none of them presume, upon any pretext or 
authority whatsomever, to require the renewing 
or swearing of the league and covenant, or any 
other covenant or public oaths, concerning the 
government of the church and kingdom, without 
his majesty's special warrant and approbation ; 
and that none of his majesty's subjects offer to 
renew or swear the same, without his majesty's 
warrant, as they will be answerable at their 
highest perils. Nevertheless, the foresaid persons 
and their associates, shaking oft' all fear of God, 
and conscience of duty and loyalty to his majesty, 
their native sovereign prince, and natural tender- 
ness to their country, have most perfidiously 
and treasonably contravened the said laws and 
acts of parliament, and committed the crimes 
foresaid in manner above specified, in so far as 
this his majesty's ancient kingdom, having for 
many years suffered and incurred all the calam- 
ities and miseries, and tragical effects and conse- 
quents of a civil war and foreign usurpation, 
and now, after his majesty's happy restitution, 
beginning to recover of so long and wasting 
a consumption, through the blessing of God, 
and his majesty's incomparable goodness and 
clemency, and having, by an act of oblivion, 
secured the lives and fortunes of the said persons, 
and others who were conscious to themselves, 
and might have justly feared to be under the 
lash and compass of law and justice ; and when 
his majesty and his good people, had just reason 
to expect security and quiet at home, and assist- 
ance against his enemies abroad, yet they, and a 
party of seditious persons, retaining and persist- 
ing in their inveterate disloyalty and disaffection 
to his majesty's government and laws, did take 
advantage and opportunity of the time, when he 
was engaged in a chargeable and bloody war, 
with divers of his neighbour princes and estates, 
being jealous of, and envying his majesty'sgreat- 
ness and prosperity, and the happiness of these 
kingdoms under his government, and having 




upon as many of them as he saw 
fit to insist against. The diffi- 
culty was obvious which lay against this 
illegal proposal ; the persons were absent, 

contrived and projected a most horrid insurrec- 
tion and rebellion, tending to involve his majesty's 
kingdoms in blood and confusion, and to en- 
courage and strengthen his enemies, did rise, 
convene, and assemble themselves together in 

arms, and upon the day of November last, 

did march to, and enter within his majesty's 
town of Dumfries in a hostile manner, with 
their drawn swords and other arms, and did 
beset the house where Sir James Turner and 
other of the officers of his majesty's forces were 
lodged for the time, and did violently seize upon 
the said Sir James his person and goods within 
his lodging, and did detain and carry him 
about with them captive, as a lawful prisoner 
taken from an enemy, and did search for, and 
would have taken the minister of the said town, 
if he had not escaped ; and while the foresaid 
persons were in the said town, they, their ac- 
complices, and associates, did many other acts 
of insolence and rebellion ; and having^in manner 
foresaid, openly avowed and proclaimed their 
rebellion in so public and insolent away, to the 
great contempt and affront of authority, they 
and their complices, in pursuance of the same, 
did convocate his majesty's people and subjects, 
and endeavoured to stir them up, and persuade 
them to join in the foresaid rebellion, and seize 
upon the persons, horses, and arms, and plunder 
and rifle the goods and houses of divers his 
majesty's good subjects, and in special of faithful 
and loyal ministers; and, by seditious sermons, 
insinuations, and other practices, did so far 
prevail in the stewartry of Kirkcudbright, 
and the shire of Wigton, and the shires of Ayr, 
Lanark, and other western shires, that many 
persons flocking and resorting to them and 
their complices, they had the boldness and 
confidence to send a considerable party to his 
majesty's town of Ayr, and seize upon and 
take all the arms were there ; and not con- 
tent to proceed to the height of rebellion in 
manner foresaid, they and their complices, did 
presume to regulate their monstrous and irre- 
gular rebellion, and in the formality and frame, 
and under the name and notion, to form and 
model themselves in companies and regiments, 
and to name captains of foot, commanders of 
troops, and other officers, under the command 
of the said colonel James Wallace, Joseph Lear- 
mont, and other persons of known disaffection 
to his majesty and his government ; and though 
his majesty's lieutenant-general did march speed- 
ily for repressing the said rebellion and insur- 
rection, and his majesty's council did emit and 
issue a proclamation, declaring the said insur- 
rection to be a manifest and horrid rebellion, 
and high treason, and commanding the said 
rebels to desist and lay down arms ; with certi- 
fication if they would continue in their rebellion, 
t'uey should be proceeded against as desperate 
and incorrigible traitors; and discharging al! 
his majesty's subjects to join, reset, supply, or 
intereommune with them, and commanding 
them to rise and join with his majesty's lieu- 
tenant general, and the forces under him, under 
the pain of treason ; yet the foresaid persons and 

and it had not been a practick to put an 
indictment to the knowledge of an assizp, 
and examine witnesses in absence of parties. 
To ohviate this, the advocate, having before- 

their accomplices, did obstinately continue and 
march through the country, in their modelled 
army, as if they had been an enemy, and in 
a capacity to encounter and dispute with arms 
with his majesty, their sovereign lord, and his 
forces ; and did, in a warlike and hostile manner 
and posture, enter within his majesty's town of 
Lanark, and there, upon the 26th day of Novem- 
ber, to palliate their rebellion with the colour of 
religion, did renew and take the oath of the 
covenant, and thence did march, quartering all 
alongst upon, and oppressing his majesty's good 
subjects, until they had the boldness and confi- 
dence to approach within two miles of his 
majesty's city of Edinburgh, where his judica- 
tories and lords of privy council and session 
were sitting for the time, and having quartered 
all night within the parish of Collington, at so 
near a distance from the said .city, the said 
persons and their accomplices, upon Wednesday 
the 28th day of November, did dare and presume 
to encounter and fight with his majesty's armie3 
and forces, under the command and conduct of 
his majesty's lieutenaut-general, and other offi- 
cers, at Pentland-hills, and did wound and kill in 
the said fight or conflict, divers of his majesty's 
good subjects, and endeavoured and did all they 
could to destroy his majesty's army, until, by 
the mercy of God, and conduct and valour of 
his majesty's lieutenant, and other officers and 
soldiers under him, they were vanquished, routed, 
and dissipated. Likeas, notwithstanding the 
laws, acts of parliament, and proclamation fore- 
said, and that thereafter a proclamation was 
emitted upon the 4th day of December, whereby 
his majesty, with advice of his privy council, 
did again discharge and inhibit all his subjects, 
that none of them should offer or presume to 
harbour, reset, supply, correspond with, or 
conceal the persons therein mentioned, or any 
other who concurred or joined in the said last 
rebellion, or, upon account thereof, appeared in 
arms in any part of this his majesty's kingdom, 
but to pursue them as the worst of traitors, and 
present such of them as they shall have in their 
power, to the lords of privy council, sheriff of 
the shire, or magistrates of the next adjacent 
burgh royal, to be by them forthcoming by law ; 
certifying all such as should be found to fail in 
their duty therein, they should be esteemed and 
punished as favourers of the said rebellion, and 
as persons accessory and guilty of the same. 
Nevertheless divers of the foresaid persons, did 
not only disloyally fail in their duty, aud did 
not rise and join with his majesty's lieutenant- 
general, and officers under him, for repressing 
and subduing the said rebels, but most perfidi- 
ously and treasonably did their utmost endea- 
vours to advance, strengthen, and promote the 
said rebellion ; aud, in order thereto, in the 
months of one thousand 

six hundred and sixty-six, and several days 
thereof, or one or other of the said months 
or days, they met and convened at the liank- 
end, Caldwell, Knookenmade, (Jhitterfleet, the 
Mearns, and divers other places within the 
western shires, and sheriffdoms of 


hand practised upon the lords of session, 
and obtained their judgment in this case, 
produceth in court a query to the lords of 
council and session, with their answer, 
which I shall here insert, as a document of 
the equity of those times. 

Query " Whether or not a person 

guilty of high treason, may be pursued before 
the justices, albeit they be absent and 
contumacious; so that the justices, upon 
citation, and sufficient probation and evi- 
dence, may pronounce sentence and doom 
of forfeiture, if the dittay be proven ? The 
reason of the scruple is, that processes of 
forfeiture are not so frequent, and that in 
other ordinary crimes, the defenders, if they 
do not appear, are declared fugitives, and 
that the following reasons appear strong 
and relevant for the affirmative, lmo, 
By common law, albeit a person absent 
cannot be condemned for a crime, yet in 
treason, which is crimen exemptum, this is a 
speciality, that absents may be proceeded 
against and sentenced. 2do, By act 1. 
Jam. V. pari. 6. it is declared that the king 
has good cause and action, to pursue all 
summons of treason, committed against his 
person and commonwealth, conform to the 
common law, and good equity and reason, 
notwithstanding there be no special law, 
act, or provision made thereupon; and 
therefore, seeing by the common law, per- 
sons guilty of lese-majesty may be proceeded 

and did conclude and resolve to join 
with the said rebellious party ; and being armed 
with swords, pistols, and otherwise, they joined 
themselves in troops and companies, and did 
elect and choose captains, lieutenants, and other 
officers, and did accept the said charges and 
employments, and did accordingly ride and 
march from place to place, and did write letters 
to friends and neighbours to join with them, 
and did intercept letters, that thereby they might 
have notice and intelligence where his majesty's 
armies and forces were, and of their forces, 
motions, and designs ; and, to the same purpose, 
did go and send out others for intelligence, and 
divers other acts of treason and hostility, and in 
the months foresaid, as also, after the defeat of 
the said rebellious party, in the ensuing months, 
betwixt the said defeat and the date of the said 
proclamation, and one or other of the said 
months, and several days thereof, the foresaid 
persons, within the said western shires and 
sheriffdoms of within 

their own bounds, and their own tenants' houses, 
and other places, did harbour, conceal, reset, 



against and sentenced, though they 
be absent, it appears that there is the ' ' ' 
same reason, that the justices should proceed 
against, and sentence persons guilty of trea- 
son though absent, and that they are 
sufficiently warranted by the said act to do 
so. 3tio, It is inconsistent with law, reason, 
and equity, that a person guilty of treason 
should be in a better case, and his majesty 
in a worse, by the contumacy of a traitor, 
the same being an addition, if any can be, to 
so high a crime; and that he should have 
impunity, and his majesty prejudged of the 
casualty and benefit arising to him by his 
forfeiture. 4to, The parliament is in use to 
proceed and pronounce forfeiture, though 
the party be absent ; and in so doing, they 
do not proceed by a legislative way, but as 
the supreme judges : and the parliament 
being the fountain of justice, what is just 
before them, is just and warrantable before 
other judicatories in the like cases. 5to, By 
the above-mentioned act of parliament, it is 
statuted, that summons and processes or 
treason, may be intented and pursued, after 
the decease of the delinquent, against his 
memory and estate, for deleting the one and 
forfeiting the other, whereupon sentence 
may follow to the effect foresaid. And 
therefore, seeing sentence may follow, where 
the delinquent cannot be present, and is not 
in being, it were against all reason, that 
where they are wilfully and contumaciously 

supply, correspond, and intercommune with the 
persons particularly abovenamed, contained in 
the said proclamation, the said 4th of December, 
one thousand six hundred and sixty-six years, 
and others who concurred and joined in tho 
said late rebellion, and who upon that account 
appeared in arms. In doing of which, and one 
or other of the said deeds, the foresaid persons, 
and ilk one of them, have committed and incur- 
red the pains and crimes of treason, and are 
guilty of being authors, actors, accessory, art 
and part thereof; which being found by an 
assize, they ought to be punished in their persons 
and goods, to the terror and example of others; 
as they who, upon the 29th of May, 26th, 27th, 
and 28th days of June, 1st, 2d, and 3d days 
of July, respective, last bypast, were lawfully 
charged by John Telfer herald, Alexander Mur- 
ray, and James Alison pursuivants, to have 
found caution acted in the books of adjournal 
for that effect, lawful time of day being bidden, 
and the forenamed persons not entering nor 
compearing to the effect above- written. 



guilty : 

absent, they should not be proceeded 
against, and sentenced if they be 
and it were most unjust, that his 
majesty should be forced to call a parliament 
<br punishing and forfeiting of persons being 
absent; or that he should wait until they 
die, especially seeing in the interim the 
probation may perish by the death of the 

This is the utmost so good a lawyer could 
go, in reasoning for this stretch against 
these worthy gentlemen. I shall not pretend 
to answer the reasons brought from an old 
and antiquated law in times of popery, nor 
from the king's interest, which seems fully 
to be answered by the simple forfeiture, nor 
consider the reasoning from parliamentary 
power to that of inferior judges : I am well 
assured that any lawyer could very easily 
expose the weakness of such arguing ; only 
it may be remarked, that as soon as a parlia- 
ment sat, it was found needful to approve 
ex post facto this reasoning, and the follow- 
ing answer. 

Opinion of the Lords of Session. 
" The lords of council and session having 
considered the query presented to them by 
the lord Bellenden, his majesty's treasurer- 
depute, it is their opinion, that upon the 
justices' citation, and sufficient probation 
taken before the judges and assize, they 
may proceed, and pronounce sentence there- 
intil, and forfeiture against the persons guilty 
of high treason, though they be absent and 
contumacious. Jo. Gilmor, I. P. D." 

Matters being thus prepared to the lords' 
hands, they declare their own power, and 
go on to their work, find the dittay relevant, 
and refer it to an assize. That day the 
advocate insisted against colonel Wallace 
major Learmont, Barscob, Mr. John Welsh, 
Mr. James Smith, Patrick Liston, his son, 
and Quarrelton. Their process I have 
insert below.* They had some difficulty to 

• Process against Colonel Wallace, 1667. 
My lord advocate produced a warrant and 
order direct to him by his majesty's commis- 
sioner. The justices find, that, conform to m\ r 
lord advocates desire, the forcnamed person's 
may he both declared fugitives, for their contu- 
macy and not appearing, and also insisted againol 

[book ti. 

get an assize, but at length made a shift ; 
and it is made up of officers in the army, 
the general's servants, and some papists. 
Sentence was pronounced the same day, 

for their forfeiture. The criminal letters being 
read, my lord advocate produced particular 
dittays against certain persons. The justices 
find the dittays relevant, and ordain the same to 
be put to the knowledge of an assize. My lord 
advocate declared he insisted primo loco against 
the persons following, viz. colonel Wallace, 
major Joseph Learmont, John M'Clellan of 
Barscob, Mr. John Welsh, Mr. James Smith, 
Patrick Liston in Calder, William Liston his 
son, William Porterfield of Quarrelton. The 
justices continue the trial of James Cannon of 
Barley, and James Grierson of Dargoner, until 
the first Tuesday of November, being the fifth 
day thereof; as also continued the trial of the 
forenamed persons to the 15th day of November 
next to come, except these already guilty this 
day, and to be tried to-morrow. 


James Somerwell of Drum, 

William Rig of Carberry, 

Sir Robert Dalziel of — — — 

Walter Kennoway secretary to the general, 

John Ruthven tutor of Garden, 

William Mclvile of Dysart, 

Colonel James Hay, 

Sir John Falconer knight, 

James Lockhart of Cleghorn, 

James Hepburn of Bearford, 

James Weems of Pitcanny, 

George Elphinston of Sclmes, 

Major George Grant, 

James Johnston of Sheens, 

Sir William Bellenden knight, 
The assize sworn, no objection in the contrary. 
Sir James, Turner, aged fifty years or thereby, 
sworn, depones, That he saw colonel Wallace, 
Learmont, Barscob, Smith and Welsh, at Dum- 
fries, Ayr, Lanark, Collington, Pentland, or at 
some of the said places : depones, That Wallace 
and Barscob acted as commanders of the rebel- 
lious party : depones, That they had all pistols 
and swords, both the three commanders, and 
Smith and Welsh ministers; that they were all 
at Pentland in arms in the rebels' army. 

Ja. Turner. 
David Scot in Bridge-end of Cornwall, aged 
forty years or thereby, married, sworn, depones, 
That he saw the foresaid persons at Ayr, Lan- 
ark, and other places, with the rebels ; that 
Wallace and Learmont commanded in chief; 
that he saw Barscob there, and that the third in 
the army : depones, That he went with the 
rebels, and that all the foresaid commanders and 
ministers were in arms, with horses, swords, 
and some of them with pistols. Da. Scot. 

Daniel Mitchel in Cumnock, aged forty years 
or thereby, married, sworn, depones, That he 
saw Wallace, Learmont, Barscob, Welsh, ami 
Smith with the rebels, all alongst until the con- 
flict at Pentland: depones. That he knows that 
Wallace, Learmont, and Barscob had command 
in that army ; that they all had horses and arms ; 
that he saw them march towards the day of the 

William Lawrieof Blackwood, aged years 
or thereby, married, depones, That he saw- 
Wallace and Learmont with the rebels at Bath- 


and all the abovenamed were forfeited 
in life and fortune. It may be remarked, 
that Sir James Turner was the first wit- 
ness who swore in this process, though it 



gate ; that Wallace sent a letter with the deponer 
to the general of the king's forces ; that Wallace 
commanded the rehellious party ; that at Col- 
lington he asked who was Mr. John Welsh at a 
person, and he was shown to him by that person ; 
that he knew not Wallace of before, but he 
himself and that party called him so, and that 
they said he commanded ; that Wallace sent a 
letter signed with his hand in manner foresaid. 
Will. Lawrie. 

Patrick Bisset, bailie'of Lanark, aged years 
or thereby, sworn, depones, That James Wallace, 
Joseph Learmont, were with the rebels, and in 
the deponent's house, but knows none of the 
rest; that Wallace and Learmont commanded 
in chief, and they had swords, pistols, and horses. 
Pat. Bisset. 

David Fanny in aged thirty years, mar- 

ried, sworn, depones, That he saw Patrick 
Liston elder, and William Liston his son, with 
the rebels in arms, at the deponent's own house, 
in the parish of Ratho, the day before the con- 
flict at Pentland : depones, he saw them march 
away with the rebels ; that Patrick Liston did 
draw sheaves out of the deponent's yard ; that 
Patrick Liston had a sword, two pistols, and a 

Hugh Finny in Plate, aged thirty-six years or 
thereby, married, sworn, depones, That Patrick 
Liston was with the rebels at the Plate, in the 
parish of Ratho ; that the deponer saw Patrick 
Liston in arms with a sword and dirk; that he 
came there with the rebels, and went away with 
them, and that he knew the said Patrick Liston 
elder to be one of the rebels' number; that he 
went away with them the day before the fight. 

Archibald Hodge in Orton, in Ratho parish, 
aged thirty-six years, sworn, depones, That 
Patrick Liston and his son William were riding 
with the rebels, that he saw them at the east 
end of Ratho kirk, that day they came to Col- 
lington ; that the said Patrick had a sword and 
two pistols ; that William had a sword ; that 
both of them went with the rebels. 

William Gillespie at Newbridge, in Kirkliston 
parish, aged fifty years, married, sworn, depones, 
That he saw Patrick Liston elder, and William 
Liston his son, in company with the rebels, with 
swords and pistols. 

James Cochran in Knockenmade, aged fifty 
years, or thereby, married, sworn, depones, 
That upon Saturday before the defeat of the 
rebels, Bedland, Mr. Gabriel Maxwell, Kers- 
land, and another minister, came to the deponer's 
house about midnight, and stayed a long time : 
depones, That immediately thereafter he heard 
Caldwell give order to his tenants, to meet at 
Chitterfleet with their arms and best horse ; 
this was at the deponer's house. That the 
Sunday in the morning, depones, That these 
persons, and besides them, Quarrelton, Black- 
ston, and Quarrelton's brother, the good-man of 
Caldwell younger, Mr. John Carstairs, and 
others, did meet on that Sunday at the Chitter- 
fleet ; that the deponer, being one of Caldwell's 
tenants, was there : depones, That while they 
were at Quarrelton, he heard that the earl of 


is plain he could not well purge 
himself of malice ; yea, the privy 
council itself, corrupt as it was, found 
him guilty, and condemned him afterwards, 

Eglinton's man was taken, and his letters taken 
from him, buL saw him not. Depones, That 
they did march from Chitterfleet to Langton in 
the night, and from Langton to Kilbride, Wil- 
liam Porterfield being one of them ; that they 
were thirty-nine horsemen in number, armed 
with swords, and some had pistols : depones, 
they marched from Kilbride to the House of the 
Muir in troop and order, Caldwell and Mr. 
Gabriel Maxwell on their head, and Blackston 
in the rear : depones, he heard Mr. Gabriel 
Maxwell say to Blackston, Go to your place in 
the rear, and Blackston did so. Depones, That 
seeing some country people, imagined them to 
be the general's army ; and that Caldwell and 
the other gentlemen did retire and put them- 
selves in order, but it was found to be country 
people driving their horse : that when the gentle- 
men first saw them, they imagining them to be 
of the general's army, that they retired to a moss. 
Depones, That he heard Caldwell and that party 
speaking amongst themselves, that they would 
go to the southland army ; and that he heard 
Caldwell and Mr. Gabriel Maxwell say this, 
that if Porterfield of Quarrelton were at them, 
that they would keep a private council. Depones, 
That the country people on the Monday at 
night, fearing that they would join with the 
rebels, desired to go home, and that Mr. Gabriel 
Maxwell threatened them, and said, If they 
would go, they might meet with a miresnype. 

John Stevenson in Ramshead, aged fifty years, 
or thereby, sworn, depones, That Caldwell's 
officer warned him and the rest of the tenants, 
to meet their master at Chitterfleet, and that 
Caldwell gave him a sword. Depones, That he 
saw William Porterfield of Quarrelton, and the 
rest of the gentlemen at Chitterfleet. Depones, 
That the earl of Eglinton's man was taken 
before he came, that he saw the footman there, 
that he heard his letters were broken up, and 
that they kept him prisoner till night. Depones, 
to the number and names of the other persons, 
to their journey and travelling, conformis prcece- 
denti, that Blackston was with them. Depones, 
they formed themselves in troops., that Mr. 
Gabriel Maxwell desired them to ride in order, 
and there the deponer heard Mr. Gabriel Max- 
well desire Blackston to go to his place in the 
rear, and accordingly he did go : that the gen- 
tlemen seeing the country people, imagining 
them to be the general's men, feared and retired 
out of the way. Depones, that the gentlemen 
told that they were to go by Douglas and that 
way ; the deponer and the rest hearing that, sus- 
pected, and would not go with them ; that Mr. 
Gabriel threatened them, and said they might 
meet with a miresnype, if they would go away ; 
that William Porterfield of Quarrelton was all 
alongst with them. 

John Neilson in Ramshead, aged thirty-six 
years, or thereby, married, sworn, depones, 
That he knows nothing of their riding in order, 
nor Blackston's riding in the rear, that he saw 
none of the country people, that Caldwell and 
the rest of the gentlemen never told them 
whether they were to go to the southland party ; 


.„„„ for oppressing them, as we 

Next day, August 16th, the chief part of 
the process comes on; and the advocate 

as to their being at Chitterfleet, the rest of their 
journey and number, depones conformis prace- 
denti, and to the threatening of Mr. Gabriel 
Maxwell, and depones that Quarrelton went all 
alongst with them. 

John Anderson in . Caldwell, aged twenty- 
four years, or thereby, not married, sworn, 
depones, That the laird's officer warned them to 
go alongst with him, and that he did go ; knows 
nothing of the earl of Eglinton's servant ; as to 
their journey, number and marching, depones 
conformis pracedenti. Depones, that once they 
were in order of a troop, That Mr, Gabriel 
Maxwell rode on the head, and Blackston on 
the rear, that he saw William Porterfield of 
Quarrelton go alongst. Depones as to the 
country people conform to James Cochran. 
Depones, That on Monday the deponer sus- 
pected they were to go to the southland army, 
that he heard some such surmise of that kind. 
Depones, That he heard that Eglinton's man 
was taken, and his letters broken up, that as 
soon as the deponer heard that they were going 
to the southland party, he thought it was a 
wrong way, and would not go with them, that 
Caldwell his master desired him to stay. 

John Caldwell in Lochend, aged thirty years, 
or thereby, married, sworn, depones, That the 
laird's officer warned him to meet him at Chitter- 
fleet. Depones, That Bedland, the good-man of 
Caldwell, Mr. Gabriel Maxwell, Mr. John 
Carstairs, and divers others, that they were 
betwixt thirty and forty in number, knows 
nothing of the earl of Eglinton's servant, but 
heard of it : as to their marching, depones con- 
formis pracedenti, and that sometimes Caldwell 
and Mr. Gabriel Maxwell did put them in 
order ; that he saw Blackston go to the rear and 
ride, that he saw the country people and the 
gentlemen were feared, conform to the foresaid 
depositions. Depones, he heard among the 
gentlemen, that they were to go to the southland 
party, whereof he and the rest of the commons 
hearing, they would not go any further; that 
Caldwell commanded his tenants to stay, but 
they would not ; that Mr. Gabriel Maxwell 
threatened in manner foresaid. 

William Caldwell in Whitehouse, aged 
years, or thereby, not married, sworn, depones, 
That he was warned by the officer, conform as 
is before deponed. Depones, he saw at Chitter- 
fleet the laird of Caldwell, the good-man of 
Caldwell, Kersland, Blackston, Quarrelton, 
and several others. Depones, he saw the earl of 
Eglinton's servant there, and heard his letters 
ivere broken up, and he kept prisoner ; as to 
their marching, depones conformis prcecedenti, 
that once they were ranked in a troop, and that 
Blackston rode in the rear ; he did hear the 
gentlemen speaking about their going to the 
southland army, and that the king's lifeguard 
was betwixt the gentlemen and them. 

Ilobcrt Ker in Kersland, aged sixty vears, or 
thereby, married, sworn, depones, That the 
laird of Kersland his master desired him to go 
to the fields with him ; and that he, suspecting it 

to be to the rebels, answered, It was better to stay 


declares, that he insists against William 
Muir of Caldwell, John Caldwell of Cald- 
well younger, Robert Ker of Kersland, Mr. 
John Cuningham of Bedland, Alexander 

at home and keep the cow and the kail-stock, 
and better to suffer than fight against the king. 

John Stuart in Swinrigmuir, aged thirty-six 
years, or thereby, depones, he was at Chitterfleet, 
that Caldwell, the good-man of Caldwell young- 
er, Blackston, and Quarrelton, and his brother, 
Kersland, Bedland, Cuningham, Mr. Gabriel 
Maxwell, Mr. John Carstairs, and others were 
there; that he was there when the earl of Eglin- 
ton's servant was taken, brought in, and the let- 
ters broken up, and that he was kept till night 
as a prisoner ; as to their marching and number, 
riding in order, conformis; that Mr. Gabriel 
Maxwell said to Blackston, Go to the rear, and 
he went ; that as to the sight of the country 
people, the gentlemen went away; the gentlemen 
said they intended to see the southland party. 
Depones, That Kersland told him he was to 
join with the southland party, and the deponer 
said, he thought it not good ; his master said, the 
deponer might go where they went ; that when 
they were at Kilbride, it was told them that the 
king's army was betwixt them and the southland 
party, and thereupon the gentlemen retired to 
the House of the Muir. John Stuart. 

Robert Craig in the parish of Beith, aged 
forty years or thereby, married, sworn, depones, 
he was at Chitterfleet, depones he was the 
person that took the earl of Eglinton's servant, 
and that John Stevenson was with him ; that 
after the boy was taken, Blackston's servant 
came and brought the boy and the deponer to 
the gentlemen, that his master's letters were 
broken open, and he kept prisoner ; that the 
deponent went to Langtoun with the gentlemen, 
that Caldwell, Kersland, Blackston, and Mr. 
Gabriel Maxwell, commanded the deponer to 
take the earl of Eglinton's servant ; depones, he 
heard at Knockmade, that the gentlemen were 
to join with the southland party. 

Patrick Houston, servant to the earl of 
Eglinton, aged twenty years or thereby, not 
married, sworn, depones. That he was taken 
near Chitterfleet, and his letters broken open, 
that he saw Caldwell, Blackston, and Bedland, 
that Bedland was melting lead, that he got the 
letters broken open. 

The assize, by plurality of voices, elects James 
Somerwel of Drum its chancellor. The assize, 
all in one voice, by the mouth and judicious 
declaration of the said James Somerwel elder of 
Drum, their chancellor, finds the said colone. 
James Wallace, Joseph Learinont, Mr. James 
Smith, and Mr. John Welsh, guilty, and 
culpable of treasonable crimes contained in their 
dittays, viz. the said colonel James Wallace, and 
Joseph Learmont, to have been and had accession 
to the late rebellion, and had charge and com- 
mand in tin' rebellious army, and commanding 
in chief therein, and of being with the said 
rebels at Lanark, Collington, at the conflict at 
l'entland, and other places in the rebellion. 
And the said Mr. .lames Smith and Mr. John 
Welsh, to be guilty of joining with the said 
rebels, and going alone.-,!, and marching with 
their horse ami arms from place to place, and 

being at Lanark, Collington, and Pentland, 


Porterfield, Maxwel younger of Monrief, 
Balmageichan, Montdrogat, Robert Chal- 
mers, Mr. Gabriel Semple, Mr. John Guth- 
rie, Mr. Alexander Peden, Mr. William 
Veitch, Mr. Jt*hn Crookshanks, and Mr. 
Patrick M' Naught. Their process being 
short, I have insert it below,* and their 
sentence is the same. Mr. Gabriel Maxwel, 


minister atDundonald,was upon the 

with the rebels. And also the said John M'Clel- 
lan of Barseob, to be guilty of the crime of 
rebellion, specified in his dittay, and having 
command in the rebels' army, and going alongst 
with them in arms. And also they all, in one 
voice, find the said Patrick Liston elder, and 
William Liston younger, guilty of rebellion, 
and joining with the rebels and being in arms 
with them, and going alongst with them. And 
siklike, the said assize, all in one voice, found 
the said William Porterfield of Quarrelton, 
guilty, and culpable of the treasonable crimes 
specified in his dittay, in joining and being in 
arms with Caldwell and others in the said 
rebellion, and meeting, convening, and keeping 
committees together to that effect, and of being 
present at the taking of Patrick Houston, 
servitor to the earl of Eglinton, breaking open 
of his letters, and when he was kept prisoner, 
and marching and drawing up, and going 
alongst in arms with them, in order to their 
joining with the rebellious party in the west, 
and of other circumstances specified in his 
indictment, in respect they found the same 
sufficiently proven. Ja. Somerwel. 

The lath of August. 
My lord justice-general, my lord justice-clerk, 
and their assizers, by the mouth of Henry Mon- 
teith, dempster of court, decern and adjudge 
the said James Wallace of Auchanes, John 
M'Clellan younger of Barseob, Mr. John 
Welsh, and Mr. James Smith, ministers, Pat- 
rick Liston elder in Calder, William Liston 
his son, and William Porterfield of Quarrelton, 
to be execute to death, and demeaned as traitors 
■when they shall be apprehended, at such times 
and places, and in such manner, as my lord 
justice-general, justice-clerk, or justice-deputes, 
shall appoint; as also decern and adjudge the 
forenamed persons, and ilk one of them, of the 
treasonable crimes above-written, to have for- 
feited, amitted, and tint all and sundry their 
lands, tenements, annual rents, offices, tacks, 
dignities, steadings, rooms, possessions, goods, 
and gear whatsomever, pertaining to them or 
either of them, to his majesty's use, which was 
given for doom. Upon all and sundry the 
premises, Sir John Nisbet of Dirleton, knight, 
his majesty's advocate, asked and took instru- 

* Process against Caldwell, Sfc. 1667. 
Curia justiciar ia S. O. N. regis, tenta in prce- 
torio burgi de Edinburgh, decimo sexto die 
mensis Augusti, 1667, per nobilem et potentem 
comitem Joannem, comitem de Athole, justici- 
arium generalem dicti S. U. N. regis, et 
dominum Joannem Hume de Rentoun, mili- 
tem, justiciaries clericum. 

Curia legittime affirmata. 
Assessors to the justices: — 
Alexander earl of Linlithgow; 
William earl of Dumfries. 




same account forfeited in life and 
fortune, four years after this, December 22d, 
167 l,by the justice-court. What the reason 
of this delay was, I do not well know. His 
process I have before me, but it needs not 
be insert ; for the depositions of James 
Cochran, John Stevenson, John Wilson, 

My lord advocate declares, that he insists now 
against the persons following, viz. William 
Muir of Caldwell, John Caldwell of Caldwell 
younger, Robert, Ker of Kersland younger, 
Mr. John Cunningham of Bedland, Alexander 
Porterfield brother to Quarrelton, Max- 
well younger of Murrieff, Robert M'Clellan of 
Balmageichan, Robert Cannon of Mondrogate 
younger, Robert Chalmers brother to Gath- 
girth, Mr. Gabriel Semple, Mr. John Guthrie, 
Mr. Alexander Peden, Mr. William Veitch, 
Mr. John Crookshanks, Patrick M'Naught in 
Cumnock, indicted and accused at the instance 
of my lord advocate, for the crimes contained in 
their indictments, viz. of treason mentioned 
therein. The justices find the dittay relevant, 
and ordain the same to be put to the knowledge 
of an assize. 


William Rigg of Carberry 

Sir Robert Dalziel, 

Walter Kennoway, secretary to the general, 

John Ruthven, tutor of Carden, 

William Melville of Dysart, 

Colonel James Hay, 

Sir John Falconer, 

James Lockhart of Cleghorn, 

James Hepburn of Bearford, 

James Weems of Piteanny, 

George Elphinston of Selmes, 

Major George Grant, 

James Johnston of Sheens, 

Sir William Bellenden, 

James Somerwel elder of Drum. 
The assize sworn, no objection in thecontrary. 
John Reid in Dandilly, aged thirty years or 
thereby, married, sworn, depones, That Maxwell 
of Murrieff, Balmageichan, Mondrogate, Chal- 
mers brother to Gathgirth, Mr. Gabriel Semple, 
Mr. John Guthrie, Mr. Alexander Peden, 
Mr. William Veitch, Mr. John Crookshanks, 
and Patrick M'Naught in Cumnock, were with 
the rebels at Mauchline in arms, with swords 
and horse, and some of them had pistols; and 
that they were at Pentland, except Peden ; that 
the reason of the deponer his knowledge is, 
that Mondrogate and Mr. Alexander Peden 
took him prisoner, and carried him alongst to 
Pentland. John Reid. 

William Muir, tenant to Sir Thomas Wallace, 
aged thirty years or thereby, not married, sworn, 
depones, That he saw the said Maxwell of Mur- 
rieff, and others, with the rebels in arms, 
except Mr. John Crookshanks and Patrick 
M'Naught, whom he did not see, but heard 
they were there : that he saw them at Bathgate, 
Lanark, and Collington, but he was not at 
Pentland, and so knows nothing of that. 

William Muir. 
John Mirrie in Smithston, aged thirty years 
or thereby, married, sworn, depones, That he 
saw the whole persons contained in John Reid's 



John Anderson, John Caldwell, 
and William Caldwell, in process,* 
are just adhered to before the assize, who 
bring him in guilty ; and the judges pronounce 
the ordinary sentence. The rest, in the 
advocate's commission above, are delayed 
till November, when I do not find they are 
insisted against, the indemnity and bond 
of peace being before that time upon the 


Perhaps it was not so convenient, that 
general Dalziel, and lieutenant-general 
Drummond, should come immediately to 
possess the estates of Caldwell and Kersland, 
though I am informed they were now 
secured to them : and therefore at present 
the rents of these two, and other forfeited 
persons in Renfrewshire and the neighbour- 
hood, are put into the hands of James 
Dunlop of Househill, and he is countable 

deposition, with the rebels in arms, saw them 
marching alougst with that army at several 
places. John Miriue. 

Daniel Mitchell in Craigadam, forty years or 
thereby, sworn, depones, That he saw Murrieff, 
Mondrogate, Chalmers, Crookshanks, and 
M' Naught, with the rebels at Lanark, Colling- 
ton, and other places, in arms, with swords, 
horse, and pistols, and saw them marching 
alougst toward Pentland. 

James Cochran in Knockmade, sworn, de- 
pones, adheres to his former deposition given 
yesterday, in omnibus, and declares expressly 
that the laird of Caldwell, good-man of Cald- 
well younger, the laird of Kersland younger, 
the laird of Bedlam!, and Alexander Porterfield 
brother to Quarrelton, were at the meeting at 
Chitterfleet, and all alongst, as it is contained in 
the foresaid deposition. 

John Stevenson in Ramshead, sworn, depones, 
adheres to his former deposition taken yesterday, 
and the whole persons above- written were all at 
Chitterfleet, and all alongst, as is contained in 
his former deposition. 

John Wilson in Ramshead, sworn, depones, 
adheres to his former deposition ; and further 
depones, That the laird of Caldwell, the good- 
man of Caldwell younger, the laird of Kersland, 
and Bedland, were at Chitterfleet, and other 
places ; but as to Alexander Portertield, depones 
he knew him not. 

John Anderson, sworn, depones, adheres to 
his former deposition ; and further depones, 
that the laird of Caldwell, the good-man of 
Caldwell younger, Kersland younger, Bedland, 
and Alexander Porterfield, were at Chitterfleet, 
and all alongst with that party. 

John Caldwell, sworn, depones, adheres to his 
former deposition ; and further depones, That 
the laird of Caldwell, the good-man of Caldwell 
younger, Kersland, and Bedland, were at Chit- 
terfleet and other places, and that he heard 
Alexander Porterfield called by his name, and 
that he knew him to be so. 

William Caldwell, sworn, depones, adheres to 
his former deposition; and further depones, 
That the laird of Caldwell, the good-man of 
Caldwell younger, Kersland, Bedland, and 
Alexander Porterfield. were at Chitterfleet and 
oilier places (contained in the said deposition) in 

Robert Ker in Kersland, sworn, depones, 
adheres to his former deposition taken yesterday. 

John Stuart, sworn, depones, adheres to his 
former deposition ; and further declares, That 
the laird of Caldwell, the good-man of Caldwell 

• See Note, p. 73. 

younger, Kersland younger, Bedland and 
Alexander Porterfield, were at Chitterfleet, and 
other places (mentioned in his deposition), in 
arms, depones he heard them say, they minded 
to go to the southland party. 

Robert Craig, sworn, depones, adheres to his 
former deposition ; and further depones, That he 
saw the laird of Caldwell, Kersland younger, at 
Chitterfleet, and other places, and the rest he 
knew them not, but heard they were there. 

Patrick Houston, sworn, depones, adheres to 
his former deposition in omnibus. 

The assize, by plurality of votes, elects James 
Somerwel elder of Drum, in chancellor. The 
assize, all in one voice, finds the said Max- 
well of Murrieff, Robert M'Clellan of Bal- 
mageichan, Robert Cannon of Mondrogate 
younger, Robert Chalmers brother to Gath- 
girth, Mr. Gabriel Semple, Mr. John Guthrie, 
Mr. Alexander Peden, Mr. William Veitcb, 
Mr. John Crookshanks, and Patrick M' Naught, 
guilty, and culpable of treasonable crimes 
specified in their dittay, of being in, and upon 
the said rebellion, and joining with the said 
rebels, and going alongst with them, and march- 
ing with them with their horse and arms, from 
place to place with the said rebels ; as also the 
said assize, all unanimously in one vote, finds 
the said William Muir of Caldwell, John 
Caldwell younger, Robert Ker of Kersland, 
Mr. John Cunningham of Bedland, and Alex- 
ander Porterfield brother to the laird of Quar- 
relton, guilty, and culpable of treasonable crimes 
specified in their indictments, in joining and 
being in arms together in the said rebellion, 
and meeting and keeping company together for 
that effect ; and of being present at the taking 
of Patrick Houston, servant to the earl of 
Eglinton, breaking up of his letters, and when 
he was kept prisoner, in marching, drawing up, 
and going alongst with arms in order, of joining 
together with the rebellious party in the west, 
and of other circumstances specified in their 
indictment, in respect they find the same 
sufficiently proven. Ja. > i . 

My lord justice-general, justice-clerk, and 
their assessors, therefore, by the mouth of 1 Icnry 
Monteith, dempster of court, decern and adjudge 
the said William Muir of Caldwell, John 
Caldwell of Caldwell younger, Robert Ker of 
Kersland younger, Mr. John Cunningham of 
Bedland, Alexander Porterfield, brother to the 

laird of Quarrelton, Maxwell of Murrieff, 

Robert M'Clellan of Balmageichan, Robert 
Cannon of Mondrogate, Robert Chalmers 
brother to the laird of Gathgirth, Mr. Gabriel 
Semple, Mr. John Guthrie, Mr. Alexander 
Peden, Mr. William Veltch, Mr. John Crook- 
shanks, and Patrick M' Naught, i" I" I KCUted 


to the treasury for them, as appears by his 
commission, October 12th, this year, which 
I have insert below.* Some time after, 


Caldwell's estate is gifted by the 
king to Dalziel. I have inserted a 
copy of the gift as a note ; f Kersland's is 

to death, and demeaned as traitors, when they 
shall be apprehended, at such times and places, 
and in such manner as my lord justice-general, 
justice-clerk, or justice-depute, shall appoint ; 
and also decern and adjudge the forenamed 
persons, and ilk one of them, for the crimes 
iibove-written, to have forfeited, amitted, and 
tint all and sundry their lands, tenements, 
annual rents, offices, titles, tacks, dignities, 
steadings, rooms, possessions, goods, and gear 
whatsomever, pertaining to them or either of 
them, to his majesty's use; which was pro- 
nounced for doom ; whereupon Sir John Nisbet 
of Oirleton, knight, his majesty's advocate, 
asked and took instruments. 

* Commission to the laird of Hoitseliill, October 
\2th, 1667. 
We, John, earl of Rothes, and lord high 
chancellor of Scotland, John, earl of Tweed- 
dale, William lord Bellenden, his majesty's trea- 
surer-depute, William lord Cochran, and Sir 
Robert Murray, commissioners of his'majesty's 
treasury of the kingdom of Scotland : forasmuch 
as there are divers persons within this kingdom 
forfeited for their late rebellion, and their whole 
estates, heritable and moveable, by virtue 
thereof, fallen and become in his majesty's 
hands ; and having thought fit that some speedy 
course be taken for intromitting with the rents 
and duties of the said estates, and inventory of 
the haill goods and gear moveable belonging to 
them ; and, in order thereunto, necessary it is 
that some confident person be employed and 
commissionated for uplifting the rents and duties 
of their lands, and taking inventory of their 
moveable goods and gear, which pertained to 
them the time of the late rebellion ; and being 
fully assured of the faithfulness and diligence of 
James Dunlop of Househill, and of his fitness for 
uplifting of the same, and of that charge and 
trust: wherefore to have given and granted, 
likeas we, by thir presents, give and grant full 
power and commission to the said James Dunlop, 
his factors, servants, and others in his name, for 
whom he will be answerable, to collect, uplift, 
intromit with, and receive all and haill the rents, 
mails, farms, kains, and duties, of the lands, 
baronies, and others lying in the sheriffdom of 
Renfrew and Ayr, of the crop and year of one 
thousand six hundred threescore and seven, 
and siklike of all years and terms bygone, resting 
unpaid, and yearly and timely in time coming, 
which pertained of "before to the persons under- 
written, viz. William Muir of Caldwell, Robert 
Ker younger of Kersland, Mr. John Cunning- 
ham of Bedland, William Porterfield of Quar- 
relton, Alexander Porterfield his brother, major 
Joseph Learmont of Newholm, within the 
sheriffdom foresaid, for his majesty's use ; with 
power also to him to take exact inventory of 
their haill moveable goods and gear, and to 
secure the same until further order for that 
effect : and upon the receipt of the said rents and 
duties, or a part and portion thereof, acquittances 
and discharges, in his own name, to give, 
subscribe, and deliver, which shall be sufficient 
to the receivers ; arrest, poind, and distrenzie, 
therefore, as accords of the law; and generally 


all and sundry other things necessar and requi- 
site to do in the premises, use and exerce, 
siklike, and as freely in all respects, as we might 
do therein ourselves, if we were personally 
present ; and also to call, follow, charge person- 
ally, herefore, promising to hold firm, stable, &c. 
providing always that the said James Dunlop 
make count and reckoning, and payment to us, 
or any having our order, of all such sums of 
money as he or his foresaids shall receive, by 
virtue of his present commission, which is 
hereby declared to endure, until he be discharged 
by us in writ (registration). We have sub- 
scribed thir presents with our hands, at Edin- 
burgh, the 12th day of October, 1667, before 
thir witnesses, Mr. Andrew Oswald and 
Thomas Moncrief, clerks of exchequer. 

Rothes, Bellenden, 

tweeddale, cochran. 

A. Oswald, witness. 

Thomas Moncrief, witness. 

f Gift of CaldwelVs estate to Dalziel, Jul:/ 1 \th, 
Charles R. 
Our sovereign lord considering the good and 
faithful service done to his majesty, and his 
majesty's most royal father, of ever-blessed 
memory, by his majesty's right trusty and well 
beloved general, Thomas Dalziel of Binns, lieu- 
tenant-general of his majesty's late forces within 
his majesty's ancient kingdom of Scotland, at 
several occasions, but chiefly in the month of 
November, 1666, by past, by suppressing the 
battle of a considerable number of his majesty's 
disloyal subjects of the foresaid kingdom, who, 
with their associates, most unnaturally rose in 
arms against his majesty's authority and laws, 
intending to have overturned the same, and 
wronged his majesty's good and loyal subjects ; 
besides divers other good services done to his 
majesty by the said general Thomas Dalziel, by 
his skilful conduct of the foresaid forces, to the 
terror of the native traitors, and of his majesty's 
foreign enemies, who endeavoured to have dis- 
turbed and invaded the foresaid kingdom of 
Scotland ; as also his majesty being sensible of 
the good service likewise done to his majesty, in 
his kingdom of Scotland, by the said general 
Thomas Dalziel ; and also understanding that 
the said general Thomas Dalziel has sustained 
great losses, and undergone very much hardship 
and sufferings, by long imprisonment, banish- 
ment, and otherwise, for his constant loyalty to 
his majesty ; and his majesty being most willing, 
for his further encouragement to persist in his 
loyal actings, to confer some signal favours upon 
him : therefore his majesty, for himself, and as 
prince and steward of Scotland, with advice 
and consent of his majesty's right trusty cousins 
and counsellors, &c. John earl of Rothes, &c. 
high chancellor of the said kingdom of Scotland, 
John earl of Lauderdale sole secretary of state 
of the same kingdom, John earl of Tweedale, 
William lord Bellenden his majesty's trea- 
surer-depute, William earl of Dundonald, and 
his majesty's trusty counsellor, Sir Robert 
Murray late justice-clerk, his majesty's com- 
missioner for the treasury, comptroller}', and 


lfif? S' ven *° Drummond ; Major Ler- 
mont's estate is given to Mr. Wil- 
liam Hamilton of Wishaw ; Quarrelton and 

his brother's to Mr. 

treasury of his majesty's new augmentations ; 
and also with advice and consent of the remanent 
lords and other commissioners of exchequer, 
ordains a charter to be past under his majesty's 
great seal of the foresaid kingdom of Scotland, 
in due form, giving, granting, and disponing to 
the said general Thomas Dalziel, his heirs and 
assignees whatsomever, heritably and irrevocably, 
all and sundry the lands and others under-writ- 
ten, to wit, all and haill the five-pound land of 
Knockward, and the five-merk land of Douni- 
fiat, with the towers, fortilaces, manor-places, 
houses, biggings, yards, orchards, tofts, crofts, 
mills, woods, fishings, commonties, pasturages, 
coals, coal-heughs, mosses, muirs, meadows, 
tenants, tenandries, service of free tenants, an- 
nexes, connexes, dependances, parts, pendicles, 
and pertinents thereof whatsomever,lying within 
the bailiary of Cunningham, and sheriffdom of 
Ayr; all and sundry the tiend-sheaves, or par- 
sonage-tiends of the same lands of Knockward, 
with the pertinents; all and haill the five-pound 
land of Knockmade, and five-merk land of 
Easter Cald wells, ■with the towers, fortilaces, 
manor-places, houses, biggings, yards, orchards, 
tofts, crofts, mills, woods, fishings, mosses, muirs, 
meadows, commonties, pasturages, coals, coal- 
heughs, tenants, tenandries, service of free 
tenants, annexes, connexes, dependances, parts, 
pendicles, and pertinents thereof whatsomever, 
lying within the sheriffdom of Renfrew : all 
and haill the ten-mark land of Kittockside, with 
the tower, fortilace, manor-place, houses, big- 
gings, yards, orchards, tofts, crofts, mills, woods, 
fishings, mosses, muirs, meadows, commonties, 
pasturages, coals, coal-heughs, tenants, tenan- 
dries, service of free tenants, annexes, connexes, 
dependances, parts, pendicles, and pertinents of 
the same whatsomever, lying within the sheriff- 
dom of Lanark : and also all and sundry the 
tiend-sheaves, or parsonage-tiends of the same 
lands of Kittockside, and five-merk land of 
Easter Cald wells, above rehearsed, with the 
pertinents ; all and haill the lands of Kippelrig, 
called of old a 'temple land,' with the privilege of 
the common muir of Renfrew, for pasturage 
thereof, with houses, biggings, yards, tofts, crofts, 
parts, pendicles, and pertinents thereof whatsom- 
ever, lying within the parish of Mearns, and sher- 
iffdom of Renfrew: all and haill the tiend-sheaves 
or parsonage-tiends of the foresaid lands of 
Kippelrig, with the pertinents. Which lands, 
tiends and others above -written, pertained heri- 
tably of before to William Muir late of Cald- 
well, at least to some of his predecessors, to 
whom hi> is apparent heir of the same lands, 
and others above rehearsed, holden by him or 
them, or some one or more of them, immediately 
of his majesty, for himself, and as prince and 
steward of Scotland ; and are now fallen and 
become in his majesty's hands, and at his majes- 
ty's gift and disposition, for himself, and as 
prince and steward id' Scotland, by reason of 
forfeiture, by the privilege of his majesty's crown, 
laws and practique of the foresaid kingdom of 
Scotland, through the said William Muir his 
joining in anus with the disloyal and seditious 
persons in the west, who of late appeared in 
arms [n a desperate and avowed rebellion against 


John Hamilton of 
Hallcraig* The copies of the gifts are 
before me, but being all the same, mutatis 

his majesty, his government, and laws, of inten- 
tion to have overturned the same, if they had 
not been defeat in battle, as said is. And though 
all clemency was offered to the said William 
Muir, yet he has refused the same ; for which 
wild act above rehearsed, of rising in arms, as 
said is, he is declared traitor to his majesty, and 
all his lands, goods and gear forfeited, as in the 
sentence and doom of forfeiture, given and pro- 
nounced against him by his majesty's justice- 
general of the said kingdom of Scotland, his 
majesty's justice-clerk thereof, and the assessors 
appointed to them by his majesty's privy council 
of the same kingdom, upon the — day of August, 
one thousand six hundred sixty and seven years, 
bypast, at more length is contained. And far- 
ther, to the effect the foresaid donature and 
grant may be the more valid and effectual, his 
majesty, for himself, and as prince and steward 
t)f Scotland, with advice and consent above speci- 
fied, has dissolved, and by the tenor of the said 
charter, for his majesty and his successors, kings, 
princes, and stewards of Scotland, dissolves the 
whole lands, tiends and others above-written, 
from his majesty's crown and patrimony thereof, 
and of his successors, princes and stewards of 
Scotland, to be peaceably bruiked, joysed, set, 
used, and disposed upon by the said general 
Thomas Dalziel, and his above specified, herit- 
ably and irrevocably in all time coming. And 
in testimony thereof, his majesty, for himself, 
and as prince and steward of Scotland, with 
advice and consent foresaid, of his majesty's 
certain knowledge, proper motive, authority 
royal, and kingly power, has made, erected, 
created, united, annexed, and incorporated, and 
by the tenor of the foresaid charter, for his 
majesty and his successors, kings, princes and 
stewards of Scotland, makes, erects, creates, 
unites,annexes, and incorporates the whole lands, 
tiends and others respective above mentioned, in 
an haill and free barony, to be called now and in 
all time coming the barony of ordaining 

the foresaid tower, fortilace, and manor-place 
of to be the principal messuage of the 

same barony ; and wills and grants, and for 
his majesty and his successors, kings, princes, 
and stewards of Scotland, decerns, and ordains, 
that a sasine, now to be taken by the said general 
Thomas Dalziel, and by his heirs and successors 
above rehearsed, in all time coming, at the 
foresaid tower, fortilace, and manor-place of 
or at any other part or place id' any 

» Mr. Wodrow, in additions and emendations 
printed in the 2d vol. of his History, has the 
following notice: — "When I was giving some 

account of the disposal of the forfeited estates 

after Pentland, in common course with the 
rest, I noticed that the la> d of Wishaw and 
Hallcraig had major Iaarmnnd's and QuaTTel- 

ton's given them ;'it would lie remembered that 
these two gentlemen had the gifts of these 
estates, not as general Dalziel ana others men- 
tioned, but through interest made for the 
gentlemen forfeited, ami for their behoof, as I 
am informed since." — Ed. 


mutandis, it is needless to swell the notes 
with them. I find the king is prevailed 
with to pardon Robert Chalmers, condemned 
at this time, in the year 1669, and I set 


down below* a copy of his pardon, 
that the reader may have all the 
view I can give him of this affair, all 

of the lands above-mentioned, shall stand and 
be a sufficient sasine for the same haill lands, 
tiends, and others above rehearsed, now united 
in the foresaid barony, as said is ; but any other 
special or particular sasine, to be taken by him 
or them at any other part or place thereof, not- 
withstanding the same lie not contiguous and 
together, but in divers jurisdictions: anent the 
which sasines, and all that shall follow there- 
upon, his majesty, for himself, and as prince 
and steward of Scotland, with consent above 
rehearsed, has dispensed, and by the tenor of 
the said charter, for his majesty and his succes- 
sors, kings, princes, and stewards of Scotland, 
dispenses for ever : to be holden, and to be held 
all and sundry the lands, tiends, and others 
respective above-mentioned, all erected in the 
foresaid barony, and lying as said is, to the said 
general Thomas Dalziel and his above-written, 
of his majesty and his successors, princes, and 
stewards of Scotland, immediate lawful supe- 
riors thereof for the time, in fee, heritage, and 
free barony for ever, by all the rights, miethes, 
and marches thereof, old and divided, as the same 
lies in length and breadth, in houses, biggings, 
&c. mills, multures, &c. hawking, hunting, fish- 
ing, &c. with court, plaint, herezeld, &e. and with 
furk, fok, sock, sack, thole, thame, vert, wraik, 
waith, ware, venison, outfang-thief, infang-thief, 
pit and gallows, &c. and all and sundry other 
commodities, &c. freely and quietly, but any 
revocation, &c. giving yearly the said general 
Thomas Dalziel and his above-written, to his 
majesty and his successors, princes and stewards 
of Scotland, for the haill lands and others above 
rehearsed, except the tiends, rights, services, and 
duties of the same lands, and others above-men- 
tioned, erected in the foresaid barony, as said is, 
ought and wont therefore, before the forfeiture 
above specified allenarly; and for the tiends 
above specified, the blench-duties, or other duties 
addebted for the same by the said "William Muir, 
before his foresaid forfeiture allenarly. Likeas, 
his majesty, with advice and consent foresaid, 
faithfully promits, in verbo principis, to cause 
ratify and approve the foresaid charter, with the 
precept and instrument of sasine to follow there- 
upon, and dissolution above exprest, in his 
majesty's next parliament, to be holden within 
the said kingdom of Scotland, and that with 
consent of the estates thereof; and that the 
foresaid charter shall be a sufficient warrant 
for that effect : as also his majesty, with advice 
and consent foresaid, ordains that precepts be 
directed orderly hereupon, in form as effeirs. 
Given at the court at Whitehall, the eleventh 
<lay of July 1070, and of his majesty's reign, the 
twenty-second year. 



Rothes, Chanc. 




Jo. NlSBET, 

Jo. Hume, 
Ch. Maitland. 

Compositio 6. lib. 13. 8. 
Registrate 26th September, 1670. 

* Remission to Robert Chalmers, June 2h/, 
Charles R. 

Our sovereign lord, out of his special grace 
and favour, with advice and consent of his 
majesty's right trusty and well beloved cousins 
and counsellors, John earl of Rothes, &c. lord 
high chancellor of the kingdom of Scotland, 
John earl of Lauderdale sole secretary of state, 
Alexander earl of Kincardin, William lord 
Cochran, William lord Bellenden his majesty's 
treasurer-depute, and of his majesty's trusty 
counsellor, Sir Robert Murray late justice-clerk, 
commissioners of his majesty's treasury, comp- 
trollery, and treasury of new augmentations 
within the said kingdom, and also of the rema- 
nent lords commissioners of his majesty's trea- 
sury and exchequer of the said kingdom, ordains 
a letter to be past and expede under his majesty's 
great seal of the same kingdom, in due form, 
remitting, pardoning, and forgiving : likeas, his 
majesty, with advice and consent foresaid, by 
the tenor hereof, remits, pardons, and for ever 
freely forgives to Robert Chalmers brother 
german to John Chalmers of Gathgirth, that 
heinous crime committed by him in joining 
himself to, and remaining with those who arose 
in the late rebellion, in anno 1666, and of all 
pains and punishments that may be inflicted 
upon him in his person or goods therefore, and 
all decreets and sentences of forfeiture (if any 
be) pronounced against him for the same, with 
all action and pursuit, civil and criminal, that 
may be any ways moved or intended against 
him thereanent : ordaining hereby the foresaid 
crime never to be remembered against the said 
Robert Chalmers, but remain in oblivion for 
ever, siklike as if the same had never been 
committed by him ; and that the said letter be 
further extended in the best form, with all 
clauses needful, and that precepts be orderly 
directed hereupon in form as effeirs. Given at 
the court at Whitehall, the 21st day of June, 
1609, and of his majesty's reign the 21st year. 

Rothes, Chancel. Halkerton, 


Kincardin, Jo. Nisbet, 

Dundonald, Jo. Hume, 

Marishai,, Ch. Maitland, 

Argyle, Jo. Wauciiop. 

Registrate 10th July, 1669. 

May it please your majesty, 

These contain your majesty's gracious remis- 
sion, in favours of Robert Chalmers brother 
german to John Chalmers of Gathgirth, for the 
rebellious crime committed by him, through his 
joining in arms with these who were in the 
late rebellion, in anno 1066, and of all action, 
civil and criminal, that may be moved against 
him for the same. 


Compositio 6 lib. 13s. 4d. 




Here I would put an end to this 
section ; but the sufferings of several 
other gentlemen and heritors, upon the 
account of this rising at Pentland, offer 
themselves to me. Most of them were 
forfeited, but I have not the dates, and so I 
shall cast them together in this place, with 
some hints at the sore oppression of their 
families in the succeeding years. The 
sufferings of the family of Roberton, in the 
parish of Borgue, in Galloway, deserve a 
room here ; and I give a hint at them from 
an attested account now before me. John 
Gordon of Largmore, with his brother-in- 
law, William Gordon of Roberton, joined 
with other gentlemen in the attempt at 
Pentland, where the said William Gordon 
was killed, to the great loss of the country 
where he lived, and his own family, his aged 
father having no more sons. John Gordon 
was very sore wounded, and lost much 
blood ; through this, and his lying in the 
fields some nights after the engagement, 
when he came home to his own house, in 
a few days he died, and escaped the fury of 
the persecutors, who were resolved to carry 
him to Edinburgh in a litter. Great was 
the trouble Mary Gordon of Roberton was 
put to, after her husband and brother's 
death, mostly from the instigation of the 
curate of the place. After Bothwell-bridge 
she was very hardly dealt with, by frequent 
quarterings of soldiers, imposing of fines for 
her nonconformity. At one time the soldiers 
took two good horses from her; at another 
time a party of dragoons carried off almost 
all in the house. They emptied the feather 
beds, and packed up the rest of the house- 
hold stuff in them, and carried it off. She 
had almost nothing valuable left her. In 
a .short time they came again, and carried 
her, and her only son, John Gordon, a boy, 
to prison, and two of her servants, who 
were both banished to America. She and 
her son, for mere nonconformity, continued 
some time there, to their considerable loss 
in person and purse. In the (year) 1685, a 
company of Highlanders quartered some 
days in Roberton, destroying every tiling. 
Her tenants were sadly oppressed for the 
sake of this good family. One of them, 
John Sprat, was plundered, and fined in 

twenty pounds for speaking to his own son, 
who had been at Bothwell. Horses and 
cows were taken from others of them : but 
particulars would be endless. 

I shall next consider the sufferings of the 
family of Sundaywell, in the parish of 
Dunscore. We have already heard how 
this gentleman, James Kirko, was taken at 
Edinburgh in the year 1660, with Mr. James 
Guthrie, and others, and put in prison, 
where he was kept near four months. He 
could not escape Middleton's fines, and 
paid of fine, with riding-money, six hundred 
pounds ; at another time, for nonconformity, 
he was fined in two hundred pounds. In 
the year 1666, Sir James Turner exacted 
from him five hundred merks of church 
fines, and he paid two hundred pounds for 
the soldiers quartered on him. In October, 
by the severities of the soldiers, and their 
continual spoiling of his house, he was 
obliged to dismiss his family, and betake 
himself to a wandering lot. This gave 
occasion to the persecutors to believe he 
was at Pentland ; but that could never be 
evinced. However, by the severities after, 
he was forced to leave the kingdom for three 
years ; and then, to his dying day, he wa^ 
vexed by the lord Lyon, with a process of 
forfeiture, in which he was forced to expend 
a great deal of money : before it ended, he 
got out of all his troubles, by a comfortable 
death in the Lord. 

James M'Clellan, who succeeded him in 
what remained of the estate of Sundaywell, 
had no small share of the hardships of these 
times. Upon a mere allegance he had been 
at Pentland, when not yet sixteen years of 
age, he was forced to flee to the mountains, 
where he, with some others, lurked from 
November last, till February lath this year, 
when Mr. M'Clellan ventured nearer home 
to get some clothes and other necessaries, 
with a design to leave the kingdom. That 
day he was apprehended by a party of Sir 
William Bannantyne's men, and brought to 
their garrison at Earlstoun, and there put 
into a vault with some other prisoners. Sir 
William most cruelly tortured him with 
fiery matches betwixt his fingers, and would 
force him to tell matters he knew nothing 
about. After some time, lie was carried 

prisoner to Glasgow, and from thence to 
Linlithgow, where general Dalziel, for a 
fortnight, would not so much as allow the 
prisoners a little straw to lie upon; from 
thence to Leith, where he was in great 
straits for meat ; and at length he was 
brought up to the Canongate tolbooth, 
where the prisoners had much kindness 
from the good people in Edinburgh. 
There he continued till the middle of Sep- 
tember, when he was examined by the 
council ; and upon his refusing the decla- 
ration, with fifteen others, was banished to 
the plantations, but happily broke prison, 
and escaped. When he came to the south 
again, about five years after this, and was 
married by Mr. Robert Archbald, minister 
of the parish, at the instigation of the 
curates, he was cited before the council for 
clandestine marriage ; where, after much 
trouble and charges, he got off". Within a 
little, the parish of Dunscore was fined, 
for alleged robbery committed on the minis- 
ter, in five thousand merks, though, by the 
curate's own acknowledgment, the whole 
parish was innocent. His share came to 
six hundred pounds. In the year 1678, for 
refusing the bond when pressed, he was 
forced to leave his family for six weeks, and 
hide. In the month of April that year, an 
order came for Nithsdale militia to go into 
Lanarkshire, and oppress honest people 
there. James refusing to go, or send any 
in his room, was fined in eighty pounds. 
Upon the 9th of May, 1679, he was taken 
out of his house by fifteen dragoons, without 
any reason given, and carried to the prison 
of Dumfries, and from thence to Edinburgh, 
where he continued till the middle of July. 
For clerks and jailors' fees here, he was two 
hundred and eight pounds. He met with 
much trouble in the (year) 1672 for gather- 
ing some money for the necessity of some 
prisoners, and was indicted before the 
justiciary, and escaped with much charges. 
At the circuit held at Dumfries by the lord 
Castlehill, Forret, and others, he was 
indicted for reset and converse, because two 
ministers had lodged in his house one 
night, and was imprisoned, and forced to 
take the test the 2d of August thereafter ; 
which, in his signed account, from which 




this is taken, he says, was the 
saddest day ever he saw, and desires 
to mourn for this fall all his days. Indeed, 
he gave sufficient evidence of the sincerity 
of his repentance. At the next circuit, 
1684, he appeared with the rest of the 
heritors, apprehending no more hazard : but 
when all were again made to renew that 
oath, which, he says, had been to him as a 
fire in his bosom, he retired, and fled home ; 
but was soon apprehended, and with diffi- 
culty got off, with giving a bond of five 
thousand merks, to appear when called. 
After this, by Stonehouse he was forced, 
with his wife and infants, to quit his house 
in the middle of winter, and wandered in 
mosses and mountains, without any settled 
abode, until the liberty. By Barscob's 
forfeiture he lost his whole patrimony, and 
the donator would never give him a farthing. 
In the (year) 1685, his house was plundered 
by the garrison of Dalswinton. But I must 
leave this good man, from whose attested 
account of his sufferings we may guess at 
the severities many others were trysted with. 
James Callane, merchant in Dumfries, was 
forfeited some time after Pentland, but his 
being there was never proven ; he was 
indeed present, being dwelling in the town, 
at the taking of Sir James Turner ; but no 
other guilt was ever made out against him, 
but mere nonconformity. In the years 
1662 and 1663, for refusing to hear the 
curates, he paid for a year's space, forty 
pence every Monday for himself and wife. 
He underwent much trouble, and several 
imprisonments, for his parliament-fine five 
hundred merks, and paid the half of it, and 
fifteen pounds sterling riding-money, and 
more by far than the other half in expenses, 
and clerks' fees, to get his discharge. Sir 
James Turner, before Pentland, exacted 
considerable sums of money from him. 
When he was declared rebel, most unjustly, 
after Pentland, he left the kingdom, and was 
seven years in the East Indies. At his 
return, he was taken by Claverhouse, and 
imprisoned at Dumfries fourteen months, 
and at Edinburgh a year and a half; after 
which he was banished to Carolina, where 
he died. When the accounts of this came 
home, his wife and daughters at Dumfries 


lr p 7 were attacked for nonconformity, 

and spoiled of any thing they had, 

and forced to wander up and down in the 

hills and mountains, for three years and a 


Robert Lennox of Phunptoun was re- 
duced to great losses and straits before the 
revolution, as appears by a petition under 
his hand, now in mine eye. After Pentland, 
though I cannot find he was there, his 
estate, worth two thousand merks yearly, 
with a good house upon it, was taken from 
him, and he forced to flee to England, where 
he was for three years in a wandering 
condition. At length, with his wife and 
children, he went over to Ireland, and 
settled at Glenevie, where, the Lord bless- 
ing his labours in merchandizing, he came to 
have a good stock, and was very useful to 
get a presbyterian minister settled there, 
where none had ever been. For this he 
was persecuted by the bishop and his official, 
and excommunicated, and upwards of four 
hundred and thirty pounds sterling taken 
from him, whereby he was reduced to 
beggary almost. Some relief was got to 
him by my lord Granade, and some others, 
and he ventured over to Scotland, and 
raised a process against the donator of his 
estate, a papist. When he produced his 
charter of his lands, it was taken from him, 
and he cast in prison, where, through bad 
treatment, he was brought very near death, 
and got out ; and afterwards lived upon 
charity till the revolution. All this he 
narrates in his petition, which is all I know 
about him. 

I find another person, Thomas Lennox of 
Plumptoun, in an attested account of the 
sufferings of the parish of Borgue, a very 
considerable sufferer. I cannot learn 
whether lie be any relation of the former, 
but the particular hardships he was under, 
before and since Pentland, are in short; 
Sir James Turner extorted from him two 
hundred and thirteen pounds ; and, being 
imprisoned a great part of two years, his 
fees to jailors, &C. cost him two hundred 
pounds: extorted by Sir William Bannan- 
tyne, two hundred sixty-six pounds, thir- 
teen shillings, four pennies, besides loss of 
his whole crop, and most of his household- 


plenishing : all this for mere nonconformity, 

and without any process against him. At 
one time he was imprisoned at Edinburgh 
three and thirty weeks, and at another three 
months, precisely for refusing the test. Thus 
we have some account of the severities and 
forfeitures immediately after the defeat at 
Pentland. The sufferings of several other 
excellent persons upon this score, will como 
in in the progress of this history. It is 
time now to come forward to the account ot 
other occurrences this year, and to the 
stopping the severities in part by the dis- 
banding the army, bond of peace, and 

Of the state of things during the rest of this 
year, the disbanding the army, bond vj 
peace, and indemnity. 

It remains now that I lead the reader 
in a little to the reasons and method of 
putting some stop to such heavy persecu- 
tion. The bishops and their party, who 
had been the occasion of the raising the 
oppressing army, use all their interest to 
continue and keep it up ; and here joined 
them, not only the officers and their friends, 
but also several others, hoping to share of 
the spoil of presbyterians in the west and 
south. Accordingly they endeavour to per 
suade the king, that all the Whigs and 
presbyterians are enemies to monarchy, as 
well as to the church established by law, 
and therefore must be extirpated. The 
execution of this, they hope, will be put 
into the hands of their friends ; and all of 
them expected they might come to reap the 
harvest of money and estates, they had been 
greedily looking for since the restoration. 

From the letter to the king immediately 
after the victory at Pentland, the reader 
will have observed their desire of " a more 
vigorous application of the kind's power for 
rooting out rebellious principles now leaven- 
ing the nation." The plain Srots of this, as 
explained by private letters sent up at the 
same time, was a desire, that the council 
might have power put in their hands to 

press the declaration upon all presbyterians 


of estates and riches ; and in case of refusal, 
which they made no doubt of, straight to 
forfeit them. It was likewise pressed that 
the army might be continued, and being 


filled with their good friends, the rest of the 
nation would have been providitors for 
them, and tenants at will. At present there 
was very little difference between the king's 
secret council and Dalziel's council of war. 
Duke Hamilton was only rit-master* Ham- 
ilton, as the general used to call him, Rothes 
was rit-master Lesly, Linlithgow was colo- 
nel Livingstone, and so of the rest. Dalziel 
and Drummond were, quickly after the 
disaster at Pentland, made privy counsel- 
lors; and had this project gone down at 
court, the misery of this nation had been 
very soon completed, and the eastern Turk- 
ish slavery introduced, or that of France, 
where the nobility and officers of the army 
are much the same. 

The bishops used all their interest, and 
made as great efforts as they were capable 
of, to get this project gone into in its full 
latitude ; and lieutenant-general Drummond 
goes up to court to negotiate this affair. 
He endeavours to persuade the king, the 
country was so averse from prelacy, that 
they could not be kept in quiet, without a 
good army and military force, and violently 
pressed the continuance of a standing army, 
and the harshest methods against the refus- 
ers of the declaration. The archbishop of 
Glasgow went likewise up to London, the 
primate, as we have heard, not being at 
present so very acceptable, as once he had 
been. He was a man of cunning and sub- 
tilty enough, and by his setting up so very 
much upon the lay of the English forms, 
was in good terms with the violent church- 
men and their party, and hoped, by their 
assistance, to have conformity crammed 
down people's throats, by the rigorous press- 
ing of the declaration, and a standing army. 
While this matter is in dependance, a con- 
vention of estates meet at Edinburgh, Jan- 
uary 23d, and lay on a subsidy for the army, 
sixty-four thousand pounds a month for a 
year's time, as may be seen in the printed 


* Master of horse. — Ed, 

acts of parliament. When I looked 
to the act of the convention, I won- 
dered to find so few hard words upon the late 
and recent rising at Pentland ; and am apt to 
think, this hath not been looked upon as so 
black and atrocious a crime, as some prela- 
tists and Jacobites have made it since ; nor 
so frightful an attack upon the prerogative, 
otherwise this loyal convention would have 
taken more notice of it. It may be further 
remarked, that in the narrative of the act, 
it is said, " That the king hitherto had main- 
tained the army upon his own charges," 
which I know not so well how to reconcile 
with the express application of the fines, to 
the payment of the army, above narrated. 
In short, the convention, in the excess of 
their loyalty humbly offer to maintain " all 
the forces the king shall please to raise :" a 
blank is thus put in his hand, to raise and 
continue as numerous a standing army, as 
his arbitrary counsellors should for their 
own ends advise him to. 

It was happy for the nation, that Lauder- 
dale, who had very much of the king's ear 
at this time, was of other sentiments. He 
smelled the design of a great many, who 
were for a standing arm)', was to enrich 
themselves and friends, and gratify the 
prelates in severities upon presbyterians. 
Several things concurred to cross this vio- 
lence projected against them. Bishop Sharp's 
double-dealing had been lately discovered 
to the king, and his interest at court was 
considerably weakened : therefore the arch- 
bishop of Glasgow went up to court, and 
not the primate, as had been in use these 
years bygone. Chancellor Hyde and his 
party were fast losing ground in England, 
and in August this year he resigned his 
staff; and the interest of our Scots prelates 
at court, leaned much upon him and his 
party of highfliers. And perhaps this dis- 
appointment was not a little owing to a 
difference fallen in of late betwixt Lauder- 
dale and several of our great men in Scot- 
land, who had been his friends in his debates 
with Middleton, yea, had been brought into 
their posts by his influence. Of this number 
were duke Hamilton, Rothes, Newburgh, 
Linlithgow, Dalziel, with the officers of the 
army ; and almost the whole of the prelates 


,„„-. joined them. These made up a sepa- 
rate party from Lauderdale's friends 
in the council, who were the earls of Argyle, 
Tweeddale, Kincardine, the lord Cochran, 
Sir Robert Murray, and some others. Lau- 
derdale's favour with the king made him 
able with his few friends to make a stand 
against his enemies, and his interest above 
produced very considerable changes in Scot- 
land this year. In March 1 find the earl of 
Airly and lord Cochran are made counsellors; 
in June Sir Robert Murray is made justice- 
clerk; in October the earl of Rothes's 
commission is declared void, and he is 
divested of several profits he enjoyed, and 
made chancellor; the army is disbanded, 
and an indemnity granted, as we shall hear. 
These civil changes, save in as far as they 
had influence upon the sufferings or respite 
of presbyterians, I leave to be accounted for 
by others. 

After the convention of estates were up, 
Lauderdale prevailed with the king to send 
his letter, dated March 12th, to the council, 
which, though severe enough, was not so 
agreeable to the projects of such who were 
concerned in the army ; yea, it was a con- 
siderable disappointment to the party who 
opposed Lauderdale, and the forerunner of 
a greater. The council read it, March 21st. 
By it they are allowed to put the declaration 
to all suspect persons, and to incarcerate 
such as refused it. But they cared not 
much for bare imprisonments, those pro- 
duced little money, and it was the estates 
of the Whigs and their money they had in 
their eye. The conversion of fanatics by 
imprisonment, was either despaired of, or 
little at heart. This letter is of that import- 
ance, and had so many consequences, that 
it must have a place here. 

" Charles, &c. We greet you well. The 
convention of estates of that our ancient 
kingdom, having liberally and cheerfully 
contributed to the maintenance of the forces 
raised, and such as we should think fit to 
raise at this time, for the defence of the 
kingdom against any foreign invasion, or 
intestine rebellion, we have seriously con- 
sidered of the fittest means for securing the 
kingdom against invasions from abroad, for 
looting out of the late rebellion, preventing 


the like for the future, and for quieting and 

preserving the peace of the kingdom and 
the good of the church, as it is now settled : 
and for these ends having heard those lately 
come from Scotland, and considered the 
advices which we have had out of Scotland, 
we have resolved to send you these follow- 
ing powers and directions. 

" First, According to the advice of our 
privy council, for the better discovery of 
such as are dangerous, we do empower you 
to tender the oath of allegiance, and the 
declaration, which was by our parliament 
required of all who are or shall be in any 
place of trust, unto such active and leading 
persons of the disaffected party, as you 
shall find just reason to suspect, and secure 
the persons of all who shall refuse either 
the one or the other, when so tendered 
unto them. 

" Secondly, We do authorize you in our 
name to emit a proclamation in due form, 
requiring all, both gentlemen, and heritors, 
and commons, within these shires where 
there appears most disaffection (which you 
are to set down in that proclamation), to 
bring in, by such a day to be named by you, 
all arms of what sort soever, and all powder 
under such pains and penalties as be by you 
thought fit ; and that these arms and powder 
be forthwith secured in any of our garrisons 
of Edinburgh Castle, Stirling Castle, or 
Dumbarton Castle, you always allowing 
gentlemen to wear their swords. 

" Thirdly, We do authorize and enjoin 
you to seize all serviceable horses, in the 
possession of any disaffected or suspected 
person of what quality soever; provided 
always, that such horses be first apprized by 
honest and indifferent persons, at the sight 
of the sheriff", or some other person or 
persons appointed by you for that effect. 

" Fourthly, We do authorize and require 
you with all possible diligence, to model a 
militia of horse and foot in the several shires 
of that our kingdom, to be ready to join 
with our forces, as they shall be commanded, 
for securing the kingdom, as well against 
intestine commotions as foreign invasions, 
which you are to model, and offer to us 
with all possible expedition for our appro- 
bation ; which being signified, and we having 


named persons loyal and well principled, to 
command them, you may speedily proceed 
to put the kingdom in a posture of defence. 

"Fifthly, We do require you with all 
speed to provide arms and ammunition for 
the defence of the kingdom ; for which pur- 
pose we do allow all the remainder of the 
first year's taxation, and because money 

may not be presently raised, we do allow 

our commissioner, to allow such rates for 
advance of the same, as you think necessary. 

"Sixthly, We do require you to take 
some effectual course, that every parish 
secure the persons of their ministers from 
violence and affronts. 

" Lastly, For exemplary punishments of 
the late rebels, for the terrifying of all men 
from daring to attempt any thing of the 
like nature hereafter, upon any pretext 
whatsomever, and for the more effectual 
rooting out of rebellious principles, we do 
peremptorily require you without any further 
delay, to give present order for the criminal 
pursuit of all heritors, or men of estates, all 
preachers and military officers who were in 
the late rebellion, or who assembled them- 
selves without our authority, in order to 
the rebellion, before the justice-general, to 
the end they may be tried according to law, 
and being found guilty, forfeited without 
any further delay. So expecting a ready 
obedience, and speedy account from you, 
we bid you heartily farewell. Given at our 
court at Whitehall, the 12th day of March 
1667, and of our reign the nineteenth year. 
By his majesty's command. 

" Lauderdale." 

That same day the council " appoint a 
committee to meet and think upon rules to 
judge what persons are disaffected, and the 
fittest means for securing the persons of 
ministers in every parish." The clerk is 
ordered to form proclamations, conform to 
the second and third articles of his majesty's 
letter. And they ordain a warrant to the 
advocate to pursue heritors, &c. in terms of 
the sixth article. At their next meeting, 
March 22d, they approve the two draughts 
of the proclamations laid before them, 
u hich are published March 25th. The first 
is, for bringing in of arms from the shires of 




Ayr, Lanark, Renfrew, and Wigtou, 
and stewartry of Kirkcudbright, 
against the 1st day of May. I have insert 
it below.* The order is universal through 

• Proclamation for bringing in arms, March 

25th, 1667. 
Charles by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to our lovits, 

messengers, our sheriffs in that part, conjunctly 
and severally, specially constitute, greeting : For- 
asmuch as the late rebellion and rising in arms 
in the western shires, is too great an evidence 
that there are many disaffected persons iu these 
places, who are ready to involve the kingdom 
again in a bloody and unnatural war ; and that 
we have just reason to suspect that these rebels 
will be ready to lay hold on this opportunity to 
rise in arms, when we are necessitate to continue 
the war with our foreign enemies, and not only 
to make use of such arms, powder, and ammuni- 
tion, as they have concealed, or may be trans- 
ported to them from our enemies; but will seize 
upon the arms of our well affected subjects, who 
reside amongst them, and are not able to make 
resistance, which may endanger the peace ot the 
kingdom, and weaken our forces, necessitating 
them at one time to oppose foreign invasions 
and intestine commotions : as likewise, that 
according to their former wicked practices, they 
may invade the ministers of the gospel, who are 
lawfully admitted preachers amongst them, and 
do violence or injury to their persons, to the 
great contempt of our authority, and scandal of 
the reformed religion, as it is now protest. 
Therefore, we, with advice of the lords of our 
privy council, command and charge all persons 
residing within the shires of Lanark, Ayr, 
Renfrew, YVigton, and the stewartry of Kirk- 
cudbright, betwixt and the first day of May 
next, to bring in all their arms and ammunition 
which they have in their possession, of whatso- 
ever sort (allowing gentlemen only to carry 
swords, and none other), to the head-burghs of 
the respective shires and stewartry, and deliver 
the same to the sheriff, his depute, or any having 
his order: with certification to them, if they 
fail, they shall be fined by our secret council in 
the sums of money under-written, viz. : — Ilk 
gentleman in the sum of two thousand merks, 
and every other person in the sum of five hun- 
dred merks, to be divided, the one half to be 
paid to our exchequer, and the other half to any 
person who shall first discover the concealers ; 
and further, shall be proceeded against as sedi- 
tious persons, and disaffected to our government. 
Likeas, we ordain the said sheriff, his depute, or 
any other appointed by him, immediately, upon 
the delivery of their said arms or ammunition, 
to carry the same to Stirling or Dumbarton 
Castles, which shall be next adjacent, there to be 
kept by the governor thereof. As likewise we 
command and charge, that all heritors and 
parishioners, residing in any of the parishes 
within the said bounds, protect and defend the 
persons, families, and goods of their respective 
ministers within their several parishes, from all 
affronts and injuries to be committed by insolent 
and disaffected persons to the present govern- 
ment, as well when they are in the exercise of 
the ministerial function, S3 residing at tuc:, 


, fir „ these shires, and gentlemen are only 
allowed to wear walking swords. 
It seems nobody in these western shires were 
allowed to have the privilege of defending 
themselves or families from thieves and rob- 
bers, they were so deeply leavened with 
presbyterian principles. One pretext for this 
unreasonable treatment of subjects, is, " to 
prevent the invading the ministers of the 
gospel, who were lawfully admitted preach- 
ers of the gospel among them." Parishes 
are made liable for all the injuries done to 
legal ministers, not only when in the exercise 
of their ministerial function, but when in 
their houses and families : and, accordingly, 
as we shall have occasion to remark, most 
iniquitous fines were extorted from parishes, 
when thieves and robbers came and spoiled 
the curates' houses ; or they themselves, by 
their incivilities, injustice, unrighteousness, 
and oppression, had provoked some passion- 
ate persons to fright them, which the people 
of their parish could neither prevent, neither 
so much as knew of, till the attempt was 
over. These attempts are charged upon 
these they now call rebels in the proclama- 
tion, most groundlessly : none, I can learn 
of who were up at Pentland, and indeed no 
presbyterian, approved these riots. The 
proclamation likewise seems to insinuate as 
much, as if those who had been at Pentland, 
were in concert with the Dutch ; which is a 

own houses and dwellings : with certification, 
that if any injury or affront shall be done to 
them, in their persons or goods, that the parish- 
ioners who shall suffer the same to be done, and 
not oppose the doing thereof, shall be. repute and 
holden as art and part of the said crimes and 
violence and be proceeded against by law as 
guilty thereof, and punished according to the 
quality of their offence with all rigour. And in 
case the said injuries shall be done by surprisal, 
that they follow and pursue the committers 
thereof, until they apprehend their persons, and 
present them to our secret council, to be judged 
by them as they shall order : otherwise we 
declare that they themselves shall be liable for 
each reparation, damage, and interest, as the 
said lords of council shall think fit to determine. 
And ordains the said sheriffs to cause intimate 
these presents by public proclamation, at the 
market-crosses of the head-burghs of the said 
respective shires and stewartries, ami cause read 
the same at all the parish churches within the 
said shires and (tewarU'les, upon a Sunday before 
noon, after divine service, with all diligence; 
and that these presents be printed, that none 
pretend ignorance. 


very idle and groundless innuendo. Indeed 
this proclamation had no great consequence 
as to the bringing in of arms ; a few were 
brought together, and, a little while after 
this, were cast into the sea. 

Jointly with this, another proclamation 
of the same date is emitted, prohibiting all 
persons who withdraw from ordinances, 
and keep not their own parish church, to 
keep horses above a hundred merks value ; 
as may be seen in the paper itself.* This 
satisfied the prelates somewhat, but did not 
much fill their churches. Had this act 
been executed against all neglecters of 
public ordinances, I am persuaded the king 
might have had some very good horses 
from many of the managers, and their friends, 
and even from some of the bishops them- 
selves, who cared very little for, and as 
little frequented any assemblies for worship. 
That same day, they make a return to the 
king's letter, and acquaint him with what 
they had done, and are to do, as to every 
article of his letter. A good part we have 
seen in those two proclamations ; but they 
give his majesty their opinion as to the 
ordering the militia, and some other heads, 
of which the curious reader will perhaps 

* Proclamation for bringing in horses, Mardi 
25th, 1667. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to our lovits, 

messengers, our sheriffs in that part, conjunctly 
and severally, specially constitute, greeting : 
Forasmuch as it is more than high time, to 
prevent the rising of disaffected persons, who, 
during the continuance of the war with our 
foreign enemies, are ready to break out in open 
rebellion, and rise in arms against us and our 
authority, by disabling them from putting 
themselves in a military posture, and in a con- 
dition to make any sudden marches, or attempts 
upon our well affected subjects, or any part of 
our standing forces, or to join with these, who 
are of their own pernicious and disloyal prin- 
ciples, who live at a distance from them. 
Therefore, we, with advice of the lords of our 
privy council, command and charge all persons 
within the shires of Lanark, Ayr, Renfrew. 
Wigton, and stewartry of Kirkcudbright, of 
whatsoever quality, who have refused to accept 
of any public trust, or have deserted the same, 
being in place; as also, all those who withdraw 
from public ordinances, and do not keep their 
own parish churches, or do not submit to the 
present government of church and state ; as 
likewise all those who being warned to rise, 
and join with our forces, for suppressing the 
late rebellion, did not give obedience, unless the 


desire to be informed ofj and therefore it 
is subjoined.* 

I do not find a sederunt of council from 
March 22d, till June 6th. The reason 
of which I do not pretend to give; they use 
not to have so long intervals. That day a 
letter is read from the king, dated May 4th, 
" That whereas nothing can be useful for 
our service, or more conducible for reclaim- 



ing the people from these treason- 
able and fanatic principles, where- 
with they have been poisoned by factious 
preachers, than the encouraging the sober 
and orthodox clergy, against whom the 
greatest rage appeared in the late rebellion. 
And whereas we are resolved not only to 
encourage and protect the bishops in the 
exercise of their callings, and all the ortho- 

said persons will take the oath of allegiance, and 
subscribe the declaration appointed by the late 
act or' parliament, that after the fifteenth day of 
May next, they, by themselves, nor no persons 
to their use and behoof, do not keep any service- 
able horses, above the rate of one hundred merks 
Scots, under any pretext whatsoever: with 
certification, if they fail, that upon information 
of any person well affected, the sheriff, or any 
two of the justices of peace within the shire, 
shall cause value such horses, and finding them 
above the rate foresaid, shall cause deliver them 
to the informer, and that without any payment 
or satisfaction to be made therefore. And 
requires all sheriffs and justices of peace, within 
their respective bounds, to issue orders, for 
convening the contraveners of this act before 
them, and causing apprize any such horses, by 
indifferent persons, that it may be known, if 
they be above the rate foresaid. And, in case 
that the persons who compear, shall offer to 
purge themselves of any suspicion of disaffec- 
tion to our government, upon the accounts 
foresaid, that they administer to them the 
oatli of allegiance, and offer the declaration 
to be subscribed by them, which being taken, 
and subscribed by them, as said is, then we 
enjoin them to dismiss the said persons with 
their horses, to be kept by them, without any 
further trouble or molestation, otherwise, that 
they proceed as said is. And ordains the 
sheriffs of the said shires, to cause intimate 
these presents by public proclamation, at the 
market-crosses of the head burghs of the said 
respective shires and stewartries, and cause read 
the same at all the parish churches of the said 
bounds, upon a Sunday before noon, after divine 
service, with all diligence, and that these pre- 
sents be printed, that none pretend, ignorance. 

* Council's letter to the king, March 25th, 1667. 
Most sacred sovereign, — In obedience to your 
majesty's letter of the 12th of this instant, we 
have seriously gone about the performance of 
these particulars recommended to us, with that 
diligence and faithfulness which is suitable to 
your majesty's tender care of this your ancient 
kingdom, and your royal wisdom, in providing 
timously for such means as may secure your 
royal subjects from the dangers that are threat- 
ened from your enemies abroad, and the disaf- 
fected party amongst ourselves, whose rebellious 
principles may have led them, in this juncture 
of affairs, to desperate and new undertakings ; 
and, after full deliberation, have resolved on the 
following orders, whereof we found ourselves 
bound in duty to give your majesty an account 

and hope in a short time to give your majesty a 
full account thereof. As to the second and 
sixth articles, which relate only to some western 
shires, we have issued a proclamation in your 
majesty's name, for calling in all arms and 
ammunition, and securing from violence the 
persons of ministers in those places, whereof 
printed copies are herewith transmitted to your 
majesty. As to the third, for seizing all 
serviceable horses belonging to disaffected or 
suspected persons, we have agreed upon some 
characters whereby such persons may be known, 
and accordingly have emitted a proclamation ; 
but because it is not clear to us that your 
majesty did intend that this shall be put in 
execution over all the kingdom, we have 
restricted it only to some western shires, until 
we know your majesty's further pleasure. As 
to the fourth, we having considered the late act 
of parliament, whereby the estates did tender to 
your majesty twenty thousand foot, and two 
thousand horse, to be levied out of all the shires 
and boroughs of the kingdom, according to the 
proportions therein set down, and humbly con- 
ceive at this time your majesty may nominate 
officers for the several divisions, as the said act 
bears; yet because there will be great difficulty 
to get arms, and a burden to the subjects to 
provide for the whole number, that, it may 
prove more effectual for your majesty's service, 
that the half of that number may always be in 
readiness to be trained in their several divisions, 
for to march to any place they shall be appointed : 
it is our humble opinion, that your majesty may 
order only the half to be always in readiness, 
when they shall be called to these duties, and 
the rest if necessity require; and seeing the 
western shires, who are to he disarmed, and 
their horses taken from them, cannot be ordered 
to have their militia in readiness, they must be 
excepted out of that order, and no officers are to 
be commissionate by your majesty as to these 
bounds ; yet it is offered to us by duke Hamilton, 
that as many horsemen may be got out of 
Lanarkshire as their proportion will amount to, 
who will take the oath of allegiance and declara- 
tion, upon which account we humbly may name 
officers of horse as to that shire. As to the 
fifth, anent providing of arms and ammunition, 
we have recommended the performance thereof 
to the lord commissioner his grace, who (we 
are confident) will effectually go about the same. 
As to the last, orders are given to your majesty's 
advocate to intent processes against all such 
persons as are named in that article, before the 
justice-general, that the sentence of forfeiture 
may be given against them without delay : so 
As to the first, concerning the tender of the oath i p ra "ying trod to bless your majesty and all your 
of allegiance and declaration, to active and lead- j undertakings, we remain your majesty's most 
ing persons of the disaffected party, we arai faithful and obedient subjects and servants, 
resolved to go about the same' with all diligence, Subscribed ut sederunt. 


That same day, another letter from the 


.,-.,,„ dox clergy under them, but also to 
discountenance all of what quality 
soever, who shall show any disrespect or 
disaffection to that order and government : 
therefore we do more especially and ear- 
nestly recommend it to you, who are trusted 
under us with the government of that our 
ancient kingdom, to give all manner of coun- 
tenance and encouragement to the ortho- 
dox clergy, and to punish severely any 
affronts or disrespect put upon them ; to 
the end that they may be the more endeared 
to their people, when they see how careful 
we, and all in our authority under us, are 
of their protection in the due exercise of 
their calling." Indeed when many of the 
orthodox clergy, as their name now is, took 
no care to conciliate respect to themselves 
by their doctrine and a proper ministerial 
carriage, but, by their violent persecuting 
temper, drew down the hatred of their 
people, there was no other way left to sup- 
port them, but the secular arm that had 
made the bishops, and forced in this clergy 
upon Scotland. I have heard nothing of 
any rage, or particular injuries done to the 
episcopal ministers, by the people who 
were in arms lately; but somewhat of 
the nature of this letter was necessary 
at this time, when it was found proper 
to take a different course from what the 
prelates inclined to. According to this 
letter, and indeed beyond the expressions 
in it, a proclamation is emitted next coun- 
cil day, June 13th, making heritors and 
parishioners liable for all the damages done 
to ministers, and that in the strongest 
terms : and we shall afterwards find it rigo- 
rously enough put in execution. Since I 
have not seen it in print, I have insert it 
below,* and it needs no remarks ; some 
upon the matter may fall in afterwards. 

• Proclamation about ministers, June \Sth, IG67. 
Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to our lovits, 

messengers, our sheriffs, in that part conjunctly 
and severally specially constitute, greeting: 
Forasmuch as, we, by divers acts of parliament 
and proclamations, have expressed and declared 
our royal care and resolution to protect the 
orthodox and well affected clergy and ministers; 
and to that effect and purpose a proclamation 
was issued by us, upon the 5th of March last. 

king to the council is read, pressing, in warm 
terms, the forfeiting of such who had been 
concerned in the rising, and escaped from 

commanding all heritors and parishioners within 
the western shires there mentioned, to protect 
and defend the persons, families, and goods of 
their respective ministers, within the several 
parishes, from all affronts and injuries to be 
committed by insolent and disaffected persons 
to the present government, in manner, with, 
and under the certifications and pains therein 
contained : and nevertheless, the malice and rage 
of such persons is so implacable against loyal 
ministers, upon no other account, but that they 
are faithful and obedient to our laws and 
authority, that of late, since the said proclama- 
tion, divers outrages have been committed 
within the said western and other shires, by 
invading and wounding the persons of several 
ministers, assaulting them in their houses, and 
plundering and robbing their goods, to the 
great scandal of religion, contempt of our 
authority, and discouragement of the preachers 
of the gospel ; and it is a great encouragement, to 
such sacrilegious and wicked persons, that 
within the parishes where such insolencies are 
committed and done to ministers, there are not 
wanting persons of the same temper and prin- 
ciples, who do secretly favour and encourage and 
comply with them ; and they do presume that 
the actors withdrawing, the parishioners will 
not be questioned, and that they will not think 
themselves concerned to repair the wrongs done 
to the ministers. Therefore we, with advice ol 
the lords of our privy council, command anc' 
charge all heritors, liferenters, and others having 
any real interest or rent within the several 
parishes of the kingdom, whether they reside 
within the same or not, their bailies, chamber- 
lains, and others having trust under them, and 
all other parishioners, to protect, defend, and 
secure the persons, families, and goods of their 
ministers, not only in the exercise of their 
ministerial function, but in their dwelling- 
houses, or being elsewhere within the parish, 
from all injuries, affronts, and prejudices, which 
they may incur in their persons and goods, from 
the violence and invasion of any disaffected or 
fanatic person ; and that upon the notice of any 
attempt of such, they immediately repair to any 
place where they shall hear such injuries are 
offered, and seize upon the persons of the 
committers ; and in case they flee out of the 
said bounds, that they give notice to the sheriff, 
or any garrison, or forces that shall be nearest to 
these places, that they may pursue them till 
they be apprehended and brought to trial : 
with certification, that if any such outrages 
shall be committed, the actors and all persons 
who shall have any accession to the same, and 
shall aid and assist, or any way comply with, 
or shall willingly reset or conceal the delin- 
quents, shall be proceeded against, and punished 
with all severity, as equally guilty with the 
invaders. Ami further, if they be not appre- 
hended and brought to trial, by the means and 
diligence of the parishioners, letters shall be 
directed at the instance of our advocate, to cite 
the parishioners to compear before the lords of 

our privy council, at the least to send three Of 

four oT their number, specially authorised for 

it; the issue of which was the justiciary 
court, held August 15th, as we have seen 
in the former section. The king there 
makes an innuendo, That some of his judges 
were too favourable to that party; with 
some other particulars, which the reader 
will best see in the proclamation itself, 
which I have annexed in a note.* The 
occasion of it was the clamour of the 
bishops, and an alleged attempt made upon 
Mr. Patrick Swinton, curate of Borgue, in 
Galloway, who was indeed very active in 
the persecution of that country. I own 
any irregular attempt, even under provoca- 
tion, is a fault ; and I will not in the least 
offer to vindicate it in any whosomever. 



that effect, to Lear and see the parishioners, 
decerned to pay the minister for reparation, 
damage, and interest, such a sum and fine as 
our council shall be pleased to determine specially, 
consideration being always had of well affected 
heritors and parishioners, who constantly attend 
the public ordinances, and as they are required 
by the ministers, concur with them in the 
exercise of church discipline, -who are to be 
tried to be such by the justices of peace, or 
their judge ordinary, and a citation of the 
parishioners in general, at the market-cross of 
the shire, being intimate at the parish church 
upon a Sunday before noon, after divine service, 
we declare to be sufficient : and the said sum 
modified, shall be divided amongst the heritors 
and liferenters, and others, according to their 
respective valuations, and is to be advanced and 
paid by them to the sheriffs, stewards, or bailies 
of regalities and bailiaries, who are hereby 
ordained by themselves or deputes, to uplift the 
same for the use of the minister, and to use all 
lawful execution for that effect, and for relief of 
the said heritors, liferenters, and others foresaid, 
their several tenants are hereby ordained to pay 
the third part of the several proportions payable 
to their masters ; and where any person has more 
tenants than the third part payable for relief 
of their master, is to be divided and proportioned 
betwixt their tenants proportionally, and accord- 
ing to the duty they pay respective; and if any 
question arise thereanent, either amongst the 
tenants themselves, or the tenants and their 
masters, the same to he determined by the 
justice of peace, sheriff of the shire, or other 
judges ordinary, in whose jurisdiction they 
reside, in the option of the complainers. And 
ordains these presents to be printed, and pub- 
lished at the market-crosses of the head burghs 
of this kingdom, and read at all parish churches 
upon a Sunday before noon, after divine service, 
that none pretend ignorance. 

* King's letter to the council about forfeitures, 

May 4th. 

Charles It. 

Right trusty, &c. We greet you well. We 

did by our despatch, which our major-general 

carried, amongst other things, require you to 

cause proceed in a process of forfeiture, against 


The project being now formed 
above, and things thus disposed for 
slackening severities against the presbyte- 
rians, and dismissing the army, Sir Robert 
Murray came down from court, to get a 
true account of the state of the country, 
and the carriage of the army. He was 
a very learned and ingenious gentleman, a 
great ornament of his country, a diligent 
promoter of every branch of useful know- 
ledge, and moderate in his temper. In- 
deed, true and useful learning makes all 
who have it, heartily against persecution 
for conscience' sake, and friendly to the 
liberties of their country. The primate's 
contradictory accounts, and the great inter- 

those heritors, gentlemen, and ministers, who 
■were in actual arms in the late rebellion, or who 
gathered together without our authority, in 
order to join with the rebels. We expect you 
will be careful to hasten that process, and give 
us an account of it. And whereas we are 
informed, that divers of the rebels do lurk or 
wander in the country, we do now further 
require you to issue a proclamation in our name, 
by which all the rest of the rebels who are not 
yet taken may be cited by name, to appear at a 
certain day to be named by you, to the end they 
may be proceeded against according to law, and 
that such as do not appear may be criminally 
outlawed and declared fugitives ; and that all 
who shall afterwards reset, conceal, or keep any 
manner of correspondence with any of them, 
may be punished according to law. This you 
are to do in the ordinary form, with all clauses 
necessary. And whereas we have been several 
times informed, that both in the commission for 
church affairs, and at our council-board, those 
who have been cited for conventicles, and other 
crimes contrary to law, nay, even divers of the 
rebels have been pleaded for, and countenanced, 
even in these our judicatories, and to this day 
we could never hear any body named or con- 
descended upon ; therefore we do positively 
command you our commissioner, when by any 
person in authority under us any obstruction 
is given to our service, any forslowing our 
commands, by countenancing or pleading for 
forfeiters, conventicle-keepers, or disobedient 
persons to ecclesiastical government, who shall 
be brought before any of these judicatories, that 
you our commissioner give us particular infor- 
mation of the names of such persons who are in 
any trust under us, to the end we may take 
such courses therewith, as may thereafter pre- 
vent such practices. And because it will be 
necessary for our service, that a constant corre- 
spondence be kept betwixt you and our lieutenant 
of Ireland, you shall settle a way of correspond- 
ence through that part of Scotland, as we will 
order our lieutenant to do the like in the Irish 
side ; and so we bid you heartily farewell. 
Given at our court at Whitehall, the fourth 
day of May, and of our reign the nineteenth 
year.— By his majesty's command, 




est these concerned in the army, had 
in the Scots council, all the coun- 
sellors almost being under pay, made the 
king very justly suspect the informations he 
got from Scotland. In June, I find Sir 
Robert admitted to the office of justice-clerk. 
— While Sir Robert is in Scotland, all the 
efforts possible were made by the prelates and 
the army to force some evidences of the 
necessity of the continuing the forces now in 
pay. One day, letters come in to Edinburgh, 
signifying that the Whigs were in arms again. 
Indeed another Pentland would not have been 
unwelcome to some now. At another time, 
the accounts came in of attacks upon the 
legal ministers' houses. I find it believed 
b}' people who understood the circumstances 
of those attempts, that some of the army 
did personate the Whigs, and plundered, 
and rifled, or at least threatened some of 
the curates' houses; but having seen no 
particular proofs of this fact, I cannot assert 
it. However, those attempts were made a 
strong argument for the keeping up of the 
army ; yea, Sir William Bannantyne was 
sent into Galloway a second time, to exact 
the bonds he had taken from a great many 
there, which yet were not payable till Martin- 
mas, in hope that the poor people might be 
prevailed with to resist such palpable injus- 
tice ; and great was the struggle at the coun- 
cil-board to preserve the army, the chief 
hope and support of the bishops. 

Till once the peace with Holland was 
concluded, it was not found proper to dis- 
band the forces : but meanwhile, I find, in 
July, many prisoners, upon the account of 
Pentland, are set at liberty, upon their 
signing -the declaration ; and some favours 
are granted, but awkwardly enough, to some 
presbyterian gentlemen confined and impris- 
oned. William Lawrie, tutor of Blackwood, 
is allowed to come out of the Castle of 
Edinburgh, and to have the liberty of the 
town, about his affairs. James Hamilton of 
Aikenhead (at the writing of this, 1715, 
lately dead) applies the council, showing, 
" he had been confined to the town of Inver- 
ness, and liberties thereof, for ten months ; 
and, after the payment of a good part of 
his fine, was confined to his own house, ami 
a mile about it, where lie had lived peace- 


ably ; and all this for mere nonconformity, 
as we have heard ; craving he might be per- 
mitted to come to Edinburgh about neces- 
sary affairs." The council grants him liberty, 
upon giving bond, under the penalty of 
ten thousand merks, to return to his con- 
finement betwixt and the first of August next. 

That same day, July 11th, the council 
have before them a report of a committee 
they had appointed for considering the case 
of the prisoners after Pentland, and come 
to the following issue as to this matter. 

" The lords of his majesty's privy council, 
having considered the report of their com- 
mittee for examining the prisoners in the 
tolbooths of Edinburgh and Canongate, 
upon the account of their accession to the 
late rebellion ; bearing, that they have exam- 
ined the said prisoners, and thereafter con- 
sidered their own confessions, do find all of 
them to come under one of these four 
classes. 1. Some that are risen in arms, 
and are, by their own confession, clearly 
guilty of rebellion, and refuse the allegiance 
and declaration. 2. These who are so 
guilty, and are content to take the allegiance 
and declaration. 3. These who have been 
taken upon suspicion, that they have had 
some accession, by resetting, abetting, or 
otherwise complying, and nevertheless deny 
they had any accession, and against whom 
as yet there is no evidence or probation of 
guilt, who refuse to take the declaration. 
4. These who are in the condition above 
written, and are content to take the declara- 
tion : in which several classes the committee 
have placed the several prisoners, conform 
to the lists thereof, given in. The said 
lords having considered the said report, 
with his majesty's letter, giving order for 
sending such of the said prisoners as were 
guilty, to the plantations, do ordain the per- 
sons contained in the first class, who are 
clearly guilty of rebellion, to be sent to 
Baibadoea with the first opportunity ; and 
ordain a letter to be written to the secretary, 
to endeavour to procure his majesty's par- 
don and favour for the two prisoners in the 
second class : ordain these in the third class 
to continue in prison ; and recommend to 
the former committee to examine how and 
by whom they were imprisoned, ami to call 



these who did imprison them, to give evi- 
dence against them ; and ordain these in the 
fourth class to he set at liherty forth of 
prison, they taking- the oath of allegiance 
and declaration ; and such of them as are 
ahle, finding caution to appear when they 
shall he called, and to keep his majesty's 
peace in the meantime ; and such of them as 
are not ahle, enacting themselves to that 
effect, under the penalties contained in the 
laws and acts of parliament." — By the regis- 
ters of August 1 st, I find that Lauderdale 
received this opinion of the council; and 
acquaints them, as the king's will, that as 
to Simpson and Rome of Beech, the two 
spoken of, the king remits them to the 
council, and approves of what they had 
done, and leaves it to the council to deter- 
mine of all the commons that were in rebel- 
liou, as they shall think hest for his service, 
and the quiet of the nation ; reserving the 
landed men, and such as are under process 
for treason, to the due course of the law. 
And this power, as to the commons, is after- 
wards explained, upon the council's desire, 
of all the commons at Pentland, whether in 
prison or not. 

At length a letter from the king, dated 
August 13th, comes down, peremptorily 
ordering the dishanding the army ; see note.* 
The peace with France, Holland, and Den- 
mark, had heen concluded in the end of 
July. The nation could not much longer 
hear an army, at least acting as they did, 
without rain. A captain's place was now 
as profitable as a good estate ; and uo redress 
could he got of the cruelties and injustice 
committed by them, the privy council being 
mostly made up of the army. By this the 

* King's letter to council, August 23d, 1667. 
Charles K. 

Right trusty, &c. We greet you well. The 
great care we had of the honour and safety of 
that our ancient kingdom, obliged us to raise 
both horses and foot, in a proportion much 
above what that kingdom could long bear ; and 
now when God hath blessed us with so fair a 
prospect of peace, that same care obliges us to 
ease the country of so heavy a burden, as soon 
as is possible : therefore we have thought fit 
and necessary to acquaint you with our resolu- 
tion to disband all the horse (excepting the two 
troops of the guards commanded by you, our 
commissioner, and the earl of Newbm-gh), as 
also the greatest part of the foot. We shall 



presbyterians had a considerable 
breathing, when, upon the event of 
a peace abroad, they expected the utmost 
rigour, and the bishops resolved it. The 
forfeitures we have heard passed this month 
balanced the dissolution of the army, to 
the two chief officers, Dalziel and Drum- 
mond, and the rest behoved to he satisfied. 
I am told the archbishop of Glasgow was 
extremely chagrined at this step, and said, 
" Now that the army was disbanded, the gos- 
pel would go out of his diocese." The kind's 
letter is very peremptory, and the army is 
paid and disbanded, except two troops of 
horse, and Linlithgow's foot guards. Now, 
for a season, matters are managed by the 
more moderate part of the council, Tweed- 
dale, Sir Robert Murray, and others, under 
the direction of Lauderdale. 

When the army is removed, the next 
question in council is, How the country shall 
be kept in peace without the army ? Here 
the two different parties in council acted 
their different parts, according to their differ- 
ing views and designs. The bishops and 
their party, who had managed all here for 
some time, were violently for pressing the 
declaration upon all suspected persons, and 
no doubt quoted the king's letter of March 
last, allowing this. Forfeitures and spoil 
were now a little out of their present hopes, 
but still that party continued to press the 
harshest measures they had any prospect of 
accomplishing, expecting such measures 
might at length irritate the country, and 
open a new door for violence and force. In 
this their good friends concerned in the 
army heartily joined them. The moderate 
party, Tweeddale, Kincardine, Cochran, and 

together with the orders for publishing the 
peace, send particular orders for disbanding all 
the troops, and as many of the foot as we shall 
think fit : in the mean time, we have given 
command to our commissioner of our treasury, 
to use all possible endeavours for raising money 
to pay these troops and companies so to be 
disbanded : and we do require you of our privy 
council, to be assistant with your utmost con- 
currences, in what shall be desired by the 
commissioners of our treasury for that effect : 
so expecting your obedience in so necessary a 
work, we bid you heartily farewell. Given at 
our court at Whitehall, the 23d day of Aueust, 
1667, and of our reign the 19th year.— By his 
majesty's command, Lauderdale. 





Sir Robert Murray, who now had 
the treasury in commission, with 
such as joined them, proposed a bond of 
peace to be taken and subscribed by all to 
whom it should be tendered; and alleged 
this would either be taken, and so the end 
proposed was gained; or be refused, and 
then the refusers, which they imagined 
Avoidd be very few, would be exposed, and 
every body would observe their unaccount- 
ableness, in standing out against so reason- 
able and easy a demand. After abundance 
of warm reasoning anent the two expedients, 
the council came to state the vote, which 
of them should be gone into, the declara- 
tion, or bond of peace. When the rolls 
were called, Sir Peter Wedderburn clerk 
to the council affirmed, the first expedient 
carried. Sir Robert Murray contradicted 
him, and the rolls were again called, and 
the clerk affirmed a second time the decla- 
ration carried. Sir Robert a second time 
contradicted him. Great heat arose, and 
the chancellor blamed Sir Robert for ques- 
tioning the clerk's fidelity. He answered, 
he would credit his own senses more than 
any clerk in the world. And the rolls being 
called, and the votes distinctly and narrowly 
marked, it was found the bond of peace was 
voted to be the expedient, by the plurality. 
This council-day, September 13th, the 
members were fully convened : both sides 
had mustered their forces, and there were 
present, " earl of Rothes the king's commis- 
sioner, archbishops of St Andrews and 
Glasgow, duke Hamilton, marquis of Mon- 
trose, earls of Kelly, Weems, Airlie, Callen- 
dar, Annandale, Tweeddale, Kincardine, and 
Dundee,* lords Drumlanerk, Sinclair, Coch- 
ran, Bellenden, general Dalziel, lieutenant- 
general Drununond, Sir John Gilmour lord 
president of the session, Sir Archibald Prim. 

* This was John, third and last earl of Dundee, 
lie died in the summer of the following year 
without issue, and the earl of Lauderdale 
obtained a grant of his estate from the crown for 
his brother Hatton. In 1684, Dudhopo, the 
family seat, was bestowed, as a reward for his 
butcheries, upon John Graham, better known in 

.Scotland liy the name of Moody (layers; who 
in 1688 was created viscount of Dundee, and in 
the following year fell in the battle of Killicran- 
ky. Scots Peerage, vol. i. pp. 446, 469.— I'd. 

rose lord register, Sir John Nisbet lord 
advocate, the lord justice-clerk, Sir Robert 
Murray, Sir James Lockhart of Lee, the 
lairds of Haltoun and Niddry." The council, 
after their debates are over, offer some pro- 
positions to the king, for the peace of the 
country when the army is disbanded, that 
after examination he may signify his pleas- 
ure thereanent; and they are as follow: 
" 1st, That a proclamation be issued, bearing 
a general pardon and indemnity to all, that 
were in the late rebellion, except these that 
are forfeited, or under the process of forfeit- 
ure ; as also all such, as since the late rebel- 
lion, have done violence to the persons of 
ministers, invaded their houses, or robbed 
and taken away their goods, the said persons 
indemnified always coming in to such as the 
council shall appoint, betwixt and a blank 
day, and giving bond, and sufficient surety 
for the peace, or otherwise give their own 
bond and their oath, that they are not able 
to find caution, at the sight of these who 
shall be appointed by the council. — 2dly, 
That such noblemen and gentlemen, heritors 
and feuars, who shall subscribe bonds for 
blank sums of money, for themselves, and 
their respective tenants and servants to keep 
the peace; the said noblemen and gentlemen, 
heritors and feuar, for their relief and secu- 
rity, shall have power and warrant to take 
bonds from their tenants and servants for 
blank sums of money, not to rise in arms 
against, or without the king's authority ; and 
not to buy any arms, or keep horses above 
the value of threescore pounds Scots ; with 
power to disarm their tenants, and if they 
refuse to give bonds, as said is, in that case, 
if they have no tacks nor rentals, that they 
remove them from their possessions ; and if 
they have standing tacks or rentals for years 
yet to run, that they raise letters, and charge 
them for that effect under the signet of the 
privy council, for which these shall be a 
sufficient warrant to the clerk thereof to 
grant the same, and sball cause denounce 
tbem rebels, and put tbem to the born: 
whereupon it is declared, that their mast its 
shall have the gift of their single, or liferent 
escheat gratis, in so far as may be attended 

to the rooms and possessions belonging to 
their masters. — odlv, That a militia !>•• «t 




tied, iii that May that his majesty shall be 
pleased to appoint. — 4thly, That the king's 
royal pleasure may be known, as to all no- 
blemen, gentlemen, heritors, and feuars, 
who shall enter in bond for themselves, or 
their tenants and servants to keep the peace, 
and, if they need, to be pressed with the 
taking of the declaration. — 5thly, That an 
express order be sent for taking off the pro- 
clamation of the 25th of March last for bring- 
ing in of horses and arms, as to all such as 
have taken the oath of allegiance and de- 
claration, or have carried arms for his 
majesty's authority against those in the 
late rebellion." — Upon the 8th of October, 
the king's letter in answer to their proposals, 
comes to be read, with a proclamation of 
pardon and indemnity, dated October 1st. 
This 1 have insert here from the register, 
as follows : — 

" Charles, &c. Whereas you, having con- 
sidered of the best and most effectual ways, 
for securing of the peace of that our king- 
dom, did, upon the 13th of September last, 
offer to us hve proposals, that after exami- 
nation thereof, we might signify our royal 
pleasure and commands concerning - them. 
We have considered the said proposals, and 
have thought fit to return you this our 
answer, that we approve of the first proposal ; 
and in pursuance thereof, we send you this 
enclosed proclamation, which we require you 
to publish in the ordinary way. We do 
also approve the second proposal, and 
require you speedily to give order for these 
bonds from the noblemen, gentlemen, heri- 
tors, feuars, for themselves, and their 
respective tenants and servants to keep the 
peace, and for their relief as is expressed in 
that proposal. As to the third proposal, 
we shall give orders speedily for settling a 
militia in that our ancient kingdom. In 
answer to the fourth proposal, it is our 
royal pleasure, as to the noblemen, gentle- 
men, heritors, and feuars, who shall enter 
in bonds for themselves, tenants and ser- 
vants, to keep the peace, according to the 
second proposal, that they be not pressed with 
taking the declaration, enjoined by the act 
of parliament for persons of public trust. 
And lastly, in pursuance of your fifth 
proposal, Ave do authorize you to take off 

the proclamation, dated the 25th of 
March last, in relation to all such 
as have already taken the oath of allegianco 
and declaration, or who have carried arms 
for our authority against those in the late 
rebellion. These, we hope, shall prove 
effectual means for securing the peace. 
Yet, lest there should be any so malicious 
as not to accept of this our gracious pardon, 
and for the more effectual executing of what 
is proposed, we do require you to advise of 
the most convenient quarters for the horse 
and foot yet standing, to the end they may 
speedily march thither, and carefully observe 
such orders as you shall appoint. We do 
again repeat what we seriously recommended 
by our last letter from Whitehall, concern- 
ing countenancing our archbishops and 
bishops, and all the orthodox clergy. And 
as we have here signified our pleasure about 
your proposals for the quiet of the kingdom ; 
so we are no less solicitous for the peace 
and quiet of the church, recommending to 
you, that all prudent and effectual course 
may be pursued for the peace and quiet of 
the church, for obedience to the good laws 
made thereanent, and for punishing the 
contemners and disobeyers of the same. 
And so we bid you heartily farewell. 
Given at our court at Whitehall, the first 
day of October, 1667, and of our reign 
the nineteenth year. By his majesty's 

" Lauderdale." 

I find by the registers, that there hath 
been heat among the counsellors upon 
receiving of this letter, and the council do 
not, as hitherto they never failed since the 
restoration, order immediate publication of 
the king's proclamation, but appoint a com- 
mittee to consider the letter and proclama- 
tion. To-moiTOw, October 9th, the council 
order some alterations to be made in the 
names of the excepted persons, in the 
proclamation of indemnity. They find there 

is no such person as Row chaplain to 

Scotstarbet. They order Caldwell and 
Kersland to be designed younger, Mi* Trail 
to be designed chaplain to Scotstarbet, and 
Paton they order to be designed late 
preacher, and Row's name to be scored out j 




and then appoint the proclamation 
' to be printed. I have subjoined it.* 
This pardon and indemnity had this 
remark made upon it by some, when it 
came out, that in the beginning it pardoned 
all, in the middle very few, and in the close 
none at all. After the amendments made 
upon this proclamation, which are censures 
on their own rashness and inconsiderateness 
on their former acts, among the excepted 
some still remain dead, and others of them 
who were not at Pentland, as hath been 
remarked. In short, the reader will notice, 
that the same lists almost are in the procla- 
mation discharging- harbour, the advocate's 
commission for processing by forfeiture, and 
these exceptions in the pardon. The excep- 
tions are very large, about sixty in number, 
and include the persons of any consideration 
almost, which they got notice of. These, 

* King's pardon and indemnity to those in the 
rebellion, October, 1st, 1667. 

Charles, by the grace of God, king of Scot- 
land, England, France, and Ireland, defender 
of the faith; to all and sundry our lieges and 
subjects whom these presents do, or may concern, 
greeting : Forasmuch as it hath been always our 
greatest care, that our good subjects may live in 
peace and happiness under our government, so 
we have, for that purpose, been more desirous 
to make use of our mercy, to induce them to a 
dutiful submission to our laws, than to take 
special notice of any disorders committed by 
them, as the acts of indemnity and grace lately 
granted by us will witness. And the same 
tenderness towards them still possessing us, in 
order to those who have been seduced and mis- 
led in the late rebellion and insurrection that 
appeared in some of the western shires, in the 
month of November last, we are resolved that 
our mercy to them shall far exceed our justice : 
and therefore, out of our special grace and 
favour, we do by these presents grant our full 
and free pardon and indemnity to all persons 
who were engaged in the said rebellion, or who 
had accession thereto, from all pain or punish- 
ment which by the law they are liable to for the 
said rebellion, and for all deeds done by them in 
the same, or in relation thereto . excepting al- 
ways from this pardon, the persons and fortunes 
of Colonel James Wallace, major Learmont, 

Maxwell of Monrief younger, M'Lel- 

lan of Barscob, Gordon of Parbreck, 

M Lilian of Balmagechan, Cannon of 

Burnshalloch younger, Cannon of Barley, 

younger, Cannon of Mordroggct younger, 

Welsh of Scar, Welsh of Cornley, 

Gordon of darrery in Keils. Robert Chalmers 
brother to Gadgirth. Henry Grier in Balmaclel- 
lan, David Stot in Irongray, John Gordon in 
Mid toon of Dairy. William Gordon there, 
John M'Naught there, Robert and Gilbert 
Cannons there, Gordon of Bar, elder, in 

with about forty executed, and a hundred 
killed, and a good many who died of their 
wounds, do make up near a third part of the 
people who had been actually in the engage- 
ment at Pentland ; and the rest were such 
whose names they had not come to the 
knowledge of, and generally mean country 
people, whom they needed scarce notice. 
So the king's mercy in this indemnity does 
not extend itself very far. The exception 
of robbing ministers' houses, is cast in to 
throw an odium upon all engaged in that 
appearance. It hath been already noticed, 
that at this time it was alleged, some of the 
army, under the mask of these honest 
people, had been put upon this work ; but 
I can find no presbyterians engaged in those 
attacks. The last and greatest clog put 
upon the indemnity is, the bond of peace, 
with a clause of nonresistance in it, which 

Kilpatrick-durham, Patrick M'Naught in Cum- 
nock, John M'Naught his son, Gordon of 

Flolm younger, Dempster of Carridow, 

of Dargoner, of Sundiwall, . 

Ramsay in the Mains of Arnistoun, John 
Hutchison in Newbottle, Patrick Liston in 
Calder, William Liston his son, James Wil- 
kie in the Mams of Cliftonhall, the laird of Cald- 
well, the good-man of Caldwell, younger, the 
laird of Kersland younger, the laird of Bedland- 

Cuningham, Poiterfield of Quarrel ton, 

Alexander Portertield his brother, Lockhart 

of Wicketshaw, Mr Trail, son to Mr 

Robert Trail, sometime chaplain to Scotstarbet, 
David Poe in Pokelly, Mr Gabriel Semple, John 
Semple, Mr John Guthrie, Mr John Welsh, 
Mr Samuel Arnot, Mr James Smith, Mr Alex- 
ander Pedden, Mr Orr, Mr William Veitch, 

Mr Paton preacher, Mr Crookshanks, 

Mr Gabriel Maxwell, Mr John Carstairs, Mr 
James Mitchell, Mr William Forsyth, and of 
all others who are forfeited, and who are under 
process of forfeiture : as also excepting all such 
who, since the late rebellion, have been accessory 
to the robbing of ministers' houses, and commit- 
ting violences upon the persons of ministers, and 
who shall be processed for the same, and found 
guilty thereof, betwixt and the first day of 
December next ensuing ; but with this express 
condition always, that this pardon shall only 
extend to such who, betwixt and the first day of 
January next, shall make their appearance 
before such as are authorized for that effect, and 
shall give bond and security for keeping the pub- 
lic peace of our kingdom ; and that such of 
them as shall give their oath that they cannot 
find security and caution, give their own bond 
for that purpose. And this our royal favour 
and grace, we appoint to be published at the 
market-cross of Edinburgh, and other royal 
burghs of these shires. Given at our court at 
Whitehall, the fust day of October, one thou- 
sand six hundred and sixty-seven, nud of our 
reign the nineteenth year. 




rendered it almost useless to any who had 
heen at Pentland; and very few of them, 
as far as I hear of, took it. However, this 
pardon, such as it was, tended to the quiet 
of the country, and joined with the dis- 
banding of the army, which was by far the 
more merciful and gracious act, gave a 
little breathing to the presbyterians in the 
west and south. Jointly with this indemnity 
the council publish their act of the same 
date, containing the names of the persons 
appointed by them in the different shires, to 
take subscriptions from such as claimed 
benefit by this indemnity, and annex the 
copy of the bonds, with caution and without 
it, required of them ; which the reader will 
find below,* and order all the prisoners at 

* Council's act anent the indemnity, with the bond 
of peace, October 9ih, 1667. 
The lords of his majesty's privy council, in 
pursuance of his majesty's gracious pleasure, 
contained in his royal proclamation above-men- 
tioned, do give power, warrant, and commission 
to the persons following, within the several 
bounds and jurisdictions under-written, viz.: — 
to the lord Lee, the lairds of Ilaploch, Corhouse, 
Cambusnethan, Sir John Whiteford and Mr 
John Hamilton of Kaith, sheriff-depute for the 
sheriffdom of Lanark, the master of Cochran, 
Sir John Cochran, the Lord Stair, Sir Thomas 
Wallace of Craigie, Mr John Cunningham 
advocate, Mr James Cunningham sheriff-depute 
of Ayr, Mr Hugh Montgomery sheriff-depute 
of Renfrew, and "William Cunningham late 
provost of Ayr, for the sheriffdoms of Ayr and 
Renfrew; the master of Hemes, the sheriff of 

Galloway, the laird of Baldoon, Maxwell 

of Munshes, and Maxwell of Woodhead, 

for the sheriffdom of Wigton and stewartry of 
Kirkcudbright ; James Crichton of St Leon- 
ard's, the lairds of Craigdarroch and Wester-raw 

Douglas of Mousehill, and Carruthers 

of Howmains, for the sheriffdom of Dumfries, 
and stewartry of Annandale, or any two of 
them for ilk shire and stewartry above specified, 
and to the lords of session, or any two of them, 
for all the other bounds and shires of the king- 
dom, to meet and convene at the head burghs of 
the respective shires and stewartries, and the 
lords of session to meet at Edinburgh, upon the 
twenty-second and twenty-ninth of October 
instant, and the first and last Tuesdays of both 
the months of November and December there- 
after, and there to receive bonds for keeping of 
the peace, from all such persons as have been 
accessory to the late insurrection, and are now 
to have the benefit of his majesty's pardon, in 
manner contained in his majesty's proclamation, 
that is to say, bond and caution from all such as 
are able to find caution, and that under such 
pains as the said commissioners, or respective 
quorums thereof, shall appoint : and for such as 
shall make faith, that they are not able to find 
caution, that they accept from them their own 
jonds, conform to the tenor of the bond hereunto 
subjoined : and upon the said persons subscribing 

Edinburgh, to be dismissed upon 
signing the bond. 

That same day, the council agree upon 
the bond of peace to be signed by noblemen, 
gentlemen, heritors, and feuars, for them- 
selves, tenants, and servants, and make an 
act thereanent, which I have insert be- 

of the said bonds, that the said commissioners 
give a testificate under their hands, bearing that 
they have signed the same, and are thereby to 
have the benefit of his majesty's pardon, con- 
tained in the foresaid proclamation : and ordain 
all such bonds as shall be subscribed by the said 
persons to be returned by the said commissioners 
to the clerk of his majesty's council, that they 
may be insert and registrate in the books thereof, 
betwixt and the fifteenth day of January next. 
And ordain these presents, with the said procla- 
mation and bonds under-written, to be printed, 
and published by macers or messengers of arms, 
at the market-cross of Edinburgh, and at the 
market-crosses of Lanark, Ayr, Renfrew, Wig- 
ton, stewartry of Kirkcudbright, Dumfries, 
and other places needful, that none pretend 

Pet. Wedderburn, cl. seer, concilii. 

Folloivs the tenor of the bond to be subscribed by 
such of the rebels as are able to find caution. 
I, A. B. bind and oblige me that I shall 
keep the public peace, and that I shall not rise 
in arms against, or without his majesty's 
authority, under all highest pains that may 
follow, in case I shall do any thing in the 
contrary : and for further surety, C. D. doth 
bind and oblige himself as cautioner for me, 
for my keeping of the peace, and performance 
of the obligement foresaid, under the pain of 
to be paid in case I contra- 
vene the same, Likeas, in the case foresaid, the 
said C. D. my cautiouer, binds and obliges him, 
his heirs and successors, to pay the foresaid sum 
to the commissioners of his majesty's treasury, 
treasurer, or treasurer-depute, that shall happen 
to be for the time, for his majesty's use. And 
I the said A. B. bind and oblige me, my heirs 
and successors, to relieve my cautioner of the 
premises, and of all damage he shall happen to 
sustain therethrough, in any sort: consenting 
these presents be registrate in the books of 
privy-council, that all execution necessary may 
pass hereupon, in form as effeirs : and constitute 
our procurators. In 
witness whereof, written by 

we have subscribed these presents, 

Folloivs the bond to be subscribed by such as are 
not abletofnd caution. 
I, A. B. bind and oblige me, that I shall 
keep the public peace, and that I shall not rise 
in arms against, or without his majesty's 
authority, under all highest pains that may 
follow, in case I shall do any thing in the con- 
trary : consenting these presents be registrate in 
the books of privy council, that all execution 
necessary may pass hereupon, in form as effeirs: 
and constitute niy 

procurators. In witness whereof, written by 
I have subscribed these 
presents, at 




low,* and from it I shall set down 
' here the tenor of this bond, which 
at this juncture was very much pressed on 
the west and south country, as it stands in 
the register it ruus : — " I, A. B. do engage, 
bind, and oblige myself to keep the public 
peace, under the pain of a year's rent of all 
and whatsomever lands and heritages per- 
tain to me, to be paid in case I contravene ; 
and also I bind and oblige me, that these 
who are, or at any time hereafter shall be 
my men, tenants, and servants, during the 
time they shall be men, tenants, and ser- 
vants to me, shall keep the public peace, 
under the pains respective aftermentioned, 
to be paid toties quoties, if they, or any of 
them shall do in the contrar ; that is to say, 
of the payment of the full value of a year's 
duty, payable to me for the time by the 
tenant or tenants that shall happen to 
contravene; and for my servants, in case 
any of them shall contravene ; the full value 
of a year's fee. Which sums foresaid, I 
bind and oblige me, my heirs, executors 
and successors, in the case foresaid, to pay 
the commissioners of the treasury, treasurer, 
or treasurer-depute, who shall happen to be 
for the time, for his majesty's use: and 

* Council's act about the bond. 
The lords of his majesty's privy council, in 
pursuance of his majesty's commands for secur- 
ing the peace of the kingdom, have nominated 
and appointed the earls of Eglinton, Dumfries, 
and Loudon, the lords Cochran, Ross, and Stair, 
for the shires of Ayr and Renfrew; the lord 
duke Hamilton, the Marquis of Douglas, the 
earls of Linlithgow and W igton, and the lord 
Lee, for the shir of Lanark ; the earls of Lin- 
lithgow, Annandale, Galloway, and the lord 
Drumlanrig for the shire of Wigton, and 
stewartry of Kirkcudbright, as also for the 
shire of Dumfries and stewartry of Annandale, 
with power to them, or any two of them, for 
the said shires and stewartries, to appoint the 
haill noblemen, gentlemen, heritors, and feuars, 
of the said respective shires and stewartries, to 
meet at the head burgh of the shire or stewartry 
upon the days following, viz. — the shire of Ayr 
and Renfrew upon the last of this instant, the 
shire of Lanark upon the 34th instant, and the 
shire of Wigton and stewartry of Kirkcudbright, 
shire of Dumfries and stewartry of Annandale, 
upon the 7th of November next, and thereafter 
to appoint their own diets, and there to offer to 
tlirm a bund agreed upon by the council, and 
herewith sent subscribed by their rink, to be 
subscribed by them, for themselves, their ten- 
ants and servants, for keeping the peace, under 
the penalty therein contained ; and grant power 
to all such noblemen, heritors, and Feuars of 
the said respective shires and stewartries, who 

consent thir presents be registrate in the 
books of privy council." — I have before me 
a good many other copies of the bond of 
peace at this time pressed, which all agree, 
and are only a little shorter than this taken 
from the registers. And though the above 
draught is that which was imposed by 
authority, yet having ground to think that 
what follows was the shape in which it was 
offered up and down the country, I have 
likewise added it : — " I, A. B. do bind and 
oblige me, to keep the public peace, and if 
I fail, that I shall pay a year's rent: like- 
wise, that my tenants and men-servants 
shall keep the public peace, and in case they 
fail, I oblige myself to pay for every tenant 
his year's rent, and for every servant his 
year's fee. And for the more security I am 
content thir presents be registrate in the 
books of council." 

This short bond was framed, as were most 
of the public papers of this time, so as it 
became matter of warm debates amongst 
conscientious and religious people, who 
feared an oath, and, which are next to it, 
bonds and subscriptions. The words were 
so general, as, at first view, they seemed to 
contain nothing contrary to the principles o 

shall subscribe the same, to require their respec- 
tive men, tenants, and servants, to subscribe a 
bond for their keeping the peace, and relieving 
them of their engagements. And for the said 
noblemen, gentlemen, heritors, and feuars fore- 
said, their encouragement to engage, as said is, 
the said lords grant them full power and war- 
rant, in case their said tenants refuse to bind 
for their relief, to disarm them ; and if they 
have no tacks or rentals, to remove them from 
their possessions ; and if they have standing 
tacks or rentals for years yet to run, give warrant 
to the clerk of council upon their desire, to grant 
letters to charge them to find the said caution ; 
and if the}' continue disobedient, ordain them to 
be denounced rebels, and put to the horn ; upon 
which denunciation the lords declare, that the 
said noblemen, gentlemen, heritors, or feuars, 
their masters shall have the gift of their single 
or liferent-escheat gratis, in so far as may be 
extended to the rooms and possessions belonging 
to them ; and ordain the said commissioners to 
return the said bonds to the clerk of council, to 
be by him registrate in the books thereof, 
betwixt and the 15th day of January next : as 
likewise the said lords give warrant to the said 
commissioners to declare to such noblemen, 
gentlemen, heritors, and feuars, as shall give 
bond, as said is, that they shall not be pressed to 
take the declaration, unless they lie admitted to 

places lit' public trust, conform to the late art of 

parliament made thereaiieiit. The copy of til* 
bond follow-, see the body of the history, 




a presbyterian, and those who desired to 
stand firm to the land's covenants : yet, 
they were so ambiguous, as it might be 
affirmed by the judge who tendered this 
bond, that the subscriber did homologate 
the present government, both in church and 
state, so it became matter of dispute and 
controversy among these who were opposite 
to the bishops and their ways. To obviate 
this ambiguity, an expedient was offered by 
some, of a declaration of the subscriber's 
sense and meaning, with a consent of the 
imposers to it; and a protestation taken 
against the supposed unlawful meaning of 
the words in the bond, and all done by way 
of instrument, in the hands of a public 
notar, before witnesses. A copy of one of 
these instruments, taken, or designed to be 
taken, December 30th, 1667, for the paper 
is only a double, I have insert below.* 

* Instrument taken at subscribing the bond, 

December 30th, 1667. 

A pud penultimo die mensis Decembris, 

Anno Dom. millesimo sexcentesimo sexage- 

simo septimo, regnique S. D. N. Regis anno 


The whilk day, in presence of me notar 
public undersubscribing, and witnesses after- 
named being called, compeared person- 
ally before and two of the 
commissioners for the sheriffdom of 
appointed by the lords of his majesty's privy 
council, for receiving of the bonds for keeping 
the peace, according to the act of council, dated 
the 9th day of October last bypast, and there the 
said declared that and he were come 
to to tender the bonds for keeping the 
peace to the persons therein concerned, and 
therefore required the said to subscribe the 
said bond, to which the said answered, 
That he was most willing to evidence his respect 
to authority, and to justify his loyalty to his 
majesty upon every occasion, but declared, 
though the expressions in the said bond of keep- 
ing the public peace, and not rising in arms 
against, or without his majesty's authority, 
being considered in themselves, seemed to import 
nothing in the plain and genuine sense of the 
words, but what is the incumbent duty of a 
good subject, under a lawful and well governing 
magistrate ; that yet he feared that bond, as it is 
circumstantiate with time, place, persons, and 
other circumstances, was intended for obliging 
the subject, to approve of, and submit unto 
pielatical government, and to give obedience 
unto all acts made, or to be made in favours 
thereof, and to prelimit and restrict from acting 
or doing any thing for extirpation of the same, 
contrary to * that sacred indissoluble standing 
bond, the " solemn league and covenant," and 
sefond article thereof; and if the said bond, 
considered either in the substance or circum- 
stances, could bear such a sense, or be any ways 
interpret to import any such thing, he held it 

Whether this method was fallen into 
by many, or accepted by the persons 
appointed to take subscriptions, I cannot 
say. By the clause about nonresi stance in 
this copy, it seems to relate to some con- 
cerned in Pentland. 

Many papers pro and con, anent those 
bonds of peace, were handed about at this 
time. The hinge of the debates lies in the 
import of keeping the public peace, and the 
nonresisting clause in the printed bond, 
annexed to the council's act above referred 
to, which indeed defeat the pretended 
design to these persons, and probably was 
cast in by the prelates and their friends, as 
knowing it would render the pardon very 
much precarious. The question then was 
plainly stated thus, Whether he who en- 
gageth to keep the public peace, engageth to 
do nothing which may disturb or alter the 

to be most sinful and perfidious, and utterly to 
be refused: and also declared, that he likewise 
feared that the said bond was contrived for 
subverting and taking away all innocent self- 
defence, and giving unlimited and arbitrary 
obedience to persons in authority; and that such 
sense would be put thereupon, as should ener- 
vate and overturn former bonds and engage- 
ments, and tend to the prejudice of religion, 
liberties of the subject, and true peace of the 
kingdom, and if so, the taking of the said bond 
would be most sinful and unlawful, and therefore 
he could not in conscience subscribe the same. 
Whereunto the said replied, that the 

said bond, neither as to the occasion, import, or 
intent of it, did oblige to the approving of the 
present establishment of episcopal government, 
or giving obedience to the acts made in favours 
thereof, nor did it relate to ecclesiastical affairs, 
nor was it any ways contrary to former public 
lawful bonds and engagements, nor inconsistent 
with the covenant, nor did it condemn innocent 
self-defence, nor imply any thing contrary to 
the word of God, but only and simply obligeth 
to that which is the duty and allegiance of every 
good subject, and becometh every good Chris- 
tian; and that in taking of the said bond, there 
was no ground for any of these fears mentioned 
by the said unto which the said 

answered, that since the said bond, according 
to his judgment, did not imply nor infer in the 
plain and common sense of the words, any thing 
but what is the duty of every good and faithful 
subject, under a lawful and well-governing 
magistrate ; and seeing that the said 
as one authorized with commission from the 
council, had removed the grounds of his scruples 
and fears, by giving the explication and declara- 
tion before expressed, thereby removing from 
the said bond every sense, which could render 
the same any ways inconsonant to the word of 
God, or inconsistent with the covenant, but 
making it very agreeable to both, he declared 
himself willing to sign and subscribe the said 




present laws to which the public 
peace plainly refers ? Or, Whether 
the subscriber only binds himself to the duties 
of righteousness commanded by the moral 
law ? It was said upon the one hand, that 
no more was in keeping - the public peace, 
but what we are antecedently bound unto 
by the second table of the law : and, on the 
other, it was urged, that when two persons 
enter into a solemn treaty with each other, 
they are bound, not only to all moral duties, 
antecedently lying upon them, but even to 
every particular in the treaty, and are to 
keep by it, even though it be to their own 
hurt, according to all articles and clauses in 
it. The other branch of the debate anent 
rising in arms, and resisting tyrants, or 
subjects endeavouring to have unjust and 
unrighteous laws repealed by arms, when 
precluded of all other methods of redress, 
both which had been done in Scotland more 
than once, landed in long and nice reason- 
ings. People did divide in their j udgments 
and practices, as frequently happens in 
dubious and debatable cases. Some took 
it, and others refused it, under different 
views of the extent, import, and meaning of 
the words. Yet, for any thing I can learn, 
there followed no alienation of affection 
among presbyterians, but the greatest har- 
mony was kept up. It was good that this 
trial did not last long; but our managers 
within a little laid it aside. 

Sir George Mackenzie, and the Jacobites 
at this day, aggravate the wilfulness of those 
who refused this bond of peace, from the 
consideration of the general nature of the 
terms in which it was conceived, affirming, 

bond, as so signed and explained, protesting that 
it should do ways be interpret to imply or infer 
any thing but what is incumbent duty for him, 
according to the word of God, and solemn 
league and covenant : after repeating thereof to 
the said again and again, he subscribed 

the said bond, calling God to witness, and the 
persons after-named, that he subscribed the same 
in the plain safe sense thereof, declared by him, 
and acknowledged by the said in man- 

ner before-rehearsed. Upon all and sundry the 
haill premises, the said asked and 

required instruments in the hands of me notar 
public. These things were spoken and done 
day, month, year, and place, respectively above- 
specified, in presence of M. and It. witnesses, 
specially called and required to the premises. 

that there was no more demanded thereby, 
than the ordinary surety of lawborroAvs ; 
and that seeing any private man may force 
his neighbour to give him such surety, much 
more might the king, who had reason to be 
jealous of their breaking the peace, from 
their late rising at Pentland. A few con- 
siderations will abundantly show the insuffi- 
ciency of this reasoning. The more general 
the terms were, the more ensnaring was the 
bond ; because, when the managers of these 
times had a mind to be at a man, they could 
easily, upon the least shadow of an offence, 
bring him within so wide a noose. The 
oath of the test was conceived in very gene- 
ral terms ; yet, as we shall see afterward, 
when the earl of Argyle, at taking of it, 
restricted its generality, by declaring he did 
not mean to bind up himself (not) to wish or 
endeavour any alteration he thought to the 
advantage of church or state : he was here- 
upon sentenced to lose his head. The very 
same risk did every man run at this time, 
who subscribed the bond to keep the peace, 
in case he had any such meaning, which it is 
certain every conscientious man would have. 
The instance of lawborrows by private men, 
does not hit this case ; for, if any neighbour 
oblige me to find suretj r to him, I can oblige 
him, on the other hand, to find surety to 
me : but in this case, when unlimited sub- 
jection was enacted by law, it had been high 
treason to demand any such thing of the 
king. In short, how much soever the late 
rising at Pentland may be supposed to give 
the king ground to be jealous that they 
would break the peace ; it is as plain that 
the government's former conduct to presby- 
terians, gave them better ground to be jea- 
lous, that it would give them the greater 
provocation so to do. 

That same day, October 9th, the council 
form and agree to two acts. The one was 
printed, taking oft* the restraint put upon 
persons in the western shires, as to earning 

arms, by the proclamation dated March 25th 
last; and allowing such who take the oatli 

of allegiance, subscribe the declaration, or 
have carried arms for the King against the 

late rebels, as full and free liberty as any 
Other Subjects, to have and carry arms: 
declaring always that nothing in this dero- 



gates in any ways from that part of the said 
proclamation for the defence of the persons, 
families, and goods of ministers. The other 
was of more general consequence, and related 
to persons disobedient to ecclesiastical 
authority, which not being in print, I insert 
here from the registers. 

"The lords of his majesty's privy council 
being informed, that there are many profane 
persons, who are not only scandalous in 
their lives and conversations, but being 
cited before church meetings, to answer for 
the same, are contumacious, and refuse to 
appear, after lawful citation, to the great 
contempt of ecclesiastical authority, as now 
settled ; whereby open profanity is like to 
abound and increase, and ecclesiastical gov- 
ernment and discipline like to be weakened 
and suffer in the exercise thereof : therefore 
the lords of his majesty's privy council, give 
power and warrant to all magistrates and 
ministers of justice within this kingdom, 
upon intimation made by the bishops, within 
their respective dioceses, to apprehend such 
persons, and incarcerate them, until such 
time as they shall find sufficient caution to 
compear and answer before the church meet- 
ings authorized by law, as have cited them 
for such scandals, whereof they are, or shall 
be accused. With certification, that all 
such magistrates and ministers of justice, 
who shall refuse to apprehend and incarce- 
rate, as said is, shall be answerable before 
the lords ofhis majesty's privy council, under 
all highest pains." 

This act was improven by the bishops far 
beyond the letter of it, which seems to 
restrict it to such as are openly profane. 
And all who, as they called it, were irregu- 
lar, and did not subject themselves to their 
authority and courts, when cited for their 
not keeping the church, and the like, were 
harassed and imprisoned ; while, in the 
meantime, papists and quakers, as we shall 
see, were scandalously overlooked. 

In November, the council agree to some 
regulations and orders to the standing forces, 
and record them, November loth. They 
are frequently referred to afterwards, and 
are documents of the irregularities and 
depredations committed by the soldiers upon 



the country ; therefore I have annex- 
ed them.* Those regulations were 
very little looked after by the makers of 
them, and, generally speaking, as little 

* Cowicil's orders to the army, November 15, 1667. 

1. The lords of his majesty's privy council 
do ordain, that no trooper or soldier shall be 
cashiered but by a council of war, and then 
the causes to be recorded. 

2. That no officer or soldier shall levy any 
money from any of the king's subjects, by quar- 
tering or otherwise, but by express order in 
writing from Sir William Bruce for the cess 
and fines, the commissioners of excise, and others 
authorized by acts of parliament, or convention 
of estates for the respective dues, and ordain the 
same be exacted orderly and regularly, as is 
presented by the act of the late convention. 

3. In case any inferior officers, troopers or 
soldiers, shall be necessitate to take their enter- 
tainment upon trust, ordain the same to be done 
by direction of the chief officers present respec- 
tively, who are to engage to make satisfaction 
for the same, conform to the said act. 

4. If any disorder or abuse happen to be com- 
mitted by any horseman or foot soldier, ordain the 
respective officers commanding in chief for the 
time in the place, to cause them make satisfaction 
for the same, or punish them according to justice, 
or otherwise he himself should be answerable. 

5. Ordain the officers of the several garrisons 
to correspond frequently one with another. 

6. Ordain the officers to correspond with the 
noblemen and gentlemen of the country, for 
getting sure information of what passes. 

7. Ordain the officers to take such care and 
keep such in their quarters, that they be not 

8. Ordain the chief officer of the foot in every 
garrison to look to the securing of it, by in- 
trenchments, barricadoes, and other necessaries 
without molesting the people therein, and to 
dispose of his posts and guards as he shall think 
fit. And within the garrisons, if the chief 
officer of foot be a captain, ordain him to com- 
mand both horse and foot, and give orders; if 
he be a lieutenant or ensign, then the lieutenant- 
cornet or quarter-master of horse shall command 
and give the orders. 

9. When the horse and foot, or parties of them, 
are together in the fields or any place out of the 
garrison, ordain that he that commands the 
horse, if he be a lieutenant, cornet, or quarter- 
master, shall command a captain or other infe- 
rior officers, and a brigadier to command an 
ensign and all below him. 

10. Ordain that the chief field officers of the 
king's regiment of guards present, command in 
chief, and give orders in field and garrison, to 
horse and foot, wheresoever they are. 

11. Upon intelligence of any people risen in 
arms, ordain the horse and foot in the garrison 
next adjacent (as thereafter is specified) imme- 
diately to draw out into the fields, and then the 
chief officer present, in absence of the field officer 
of the regiment, is to order or to take with him 
such of the forces as he shall think fit, for sup- 
pressing of any insurrection, in manner follow- 





„ observed by the soldiers. That same 
1(3(37, J 

day the council form an act con- 
cerning the forces, horse and foot, in the 
shires of Lanark, Ayr, and Wigton, to pre- 
vent abuses; which I have likewise added.* 

12. If it shall fall out that any desperate peo- 
ple vise in arms in the lower ward of Clydesdale, 
sheriffdom of Ayr and Renfrew, ordain, that 
he that commands the horse at Glasgow, imme- 
diately on notice thereof, to send a party of horse, 
or march himself with the whole horse lying in 
his own garrison, according as he shall see cause, 
to suppress them, hy taking or killing such as 
he or they shall find in arms, without or against 
his majesty's authority. And in that case 
grants him power to command as many of the 
loot as he pleases, with competent forces to 
inarch with him; and if he judge it necessary, 
with power to him, to mount some or all of the 
musketeers on horseback, or dragoons to do all 
military actions, as he shall command ; and so 
by one or more parties, the haill horse and foot 
in his garrison, he is ordered to seek out these 
risen in arms, and attempt to defeat and destroy 
the same, without staying for any further force. 

13. As soon as he shall get any such informa- 
tion or alarm of people risen in arms, ordain him 
forthwith to acquaint the lord chancellor, or, in 
his absence, the lord convener of the council at 
Edinburgh, with the same, as also the officers 
of other garrisons. 

14. And if his information shall be, that the 
number of these risen in arms is greater than 
that under his command, ordain him to com- 
mand the horse and foot in the other garrisons 
to meet at a set time and place, whither he shall 
march with his own forces, or send them new 
orders after he shall attempt to defeat and de- 
stroy these risen in arms, as aforesaid. 

15. If there be such risings in the sheriffdom 
of Wigton and Dumfries, or stewartries belong- 
ing thereunto, ordain the commander of the 
horse at Dumfries, to do as is prescribed in the 
twelfth and thirteenth articles; and ordain that 
the chief officers within the other garrisons, who 
shall receive intelligence, give orders to all the 
horse and foot in the garrison, as he shall see 
cause, till further order from the council ; and 
in the upper ward of Clydesdale, ordain him that 
commands the horse in Lanark, to command 
and act in like manner. 

16. Ordain and command all officers to take 
exact notice of the premises, and in their several 
stations to do every thing else, that may conduce 
for the promoting of his majesty's service, with 
special care and discretion. Subscribed ut 

* Act of Council about the Forces, November 15, 
Forasmuch as the standing forces of horse and 
foot are ordered to quarter in the shires of Lan- 
ark, Ayr, Dumfries, Wigton, and stewartries 
thereof, and certain other places, till the council's 
further order, and that, for levying and exacting 
of money, or for entertainment in their quarters, 
or for the prices of corn and straw, there may be 
abuses committed, which may occasion complaints 
and grievances: therefore, and for preventing 

But none of these were of any great use to 
relieve the country from the abuses of the 

Upon taking the bond of peace, by the 
council records I find several of the gentle- 
men confined in the year 1665, liberate; 
some upon a bond of cautionry, and some 
without it. Upon the 21st of November, 
Sir Hugh Campbell of Cesnock, James Dun- 
lop of that ilk, and James Holburu of Men- 
stry, petition the council they may be liberate 
from their long imprisonment in the castle 
of Edinburgh, and beg their case may be 
recommended to his majesty. The council 
write a letter to Lauderdale, signifying they 
were made prisoners by the king's immediate 
order, and desiring the secretary may repre- 
sent their case, and that of others in prison, 
to the king. In December a return comes 
ordering them to be liberate, Cesnock giving 
bond and caution for keeping the peace, 
under a thousand pounds sterling, Menstry 
and Dunlop under twelve thousand nierks 
Scots. The same day, I find the laird of 
Blackston liberate by the council's act fol- 

thereof, the lords of his majesty's privy council 
do ordain and command, that no officer nor sol- 
dier shall levy any money from any of the burghs 
or subjects, by quartering or otherwise, but by 
express order in writing, from Sir William 
Bruce, for the cess and tines, the commissioners 
of excise, and others authorized by acts ot parlii - 
merit or convention of estates, for the respective 
dues; and ordain that the same be exacted orderly 
and regularly, as is subscribed by the act of the 
late convention ; and in case any inferior officer, 
troopers or soldiers, shall be necessitate to take 
their entertainment upon trust, ordain the same 
to be done by direction of the chief officers 
present, respectively, who are to engage to make 
satisfaction for the same, conform to the said 
act : and if any disorder or abuse happen to be 
committed by any horseman or foot-soldier, 
ordain the respective officers, commanding in 
chief for the time, in the place, to cause them 
make satisfaction for the same, or punish them 
according to justice, or otherwise he himself shall 
be answerable. .And ordain the commissioners 
of excise to put prices upon all the corn and 
straw, at the ordinary and usual rates, as they 
are sold within the shire, upon payment whereof 
the sellers are only obliged to deliver the same to 
tli,' soldiers buyers thereof, who are ordered to 
receive and carry the same from thai place to 
their own quarters, without troubling the sellers 
therewith. And ordain the said commissioners 

to make intimation hereof, by affixing copies ol 

the same upon the market- CTOSSeS Of the sevei II 

burghs and shires, and parish kirks thereof, that 

none pretend ignorance. 




lowing - . " Anent a petition presented by Max- 
wel of Blackstoun, bearing, That by order of 
council, dated tbe 13tb of December last, tbe 
petitioner was committed prisoner to the tol- 
booth of Edinburgh, and by a posterior act 
transported to the castle, where he has ever 
since been detained prisoner; therefore hum- 
bly craving to be set at liberty : The lords of 
his majesty's privy council considering the 
foresaid, and that the petitioner is not ex- 
cepted out of the indemnity, and that there 
is neither sentence nor process of forfeiture 
depending against him, give order to set 
him at liberty, he giving bond to keep the 
public peace, under the pain often thousand 
pounds Scots." And upon other applica- 
tions, I find another letter from Lauderdale, 
January 2 2d, next year, ordering William 
Ralstoun of that ilk, and Robert Halket, to 
be set at liberty, upon their signing the 
bond of peace, with caution: and major- 
general Montgomery is to be set free, only 
upon his parole of honour to keep the peace. 
The council's act anent him is but short. 
" Anent a petition presented by Robert 
Montgomery late major-general of Ins ma- 
jesty's army, 1651, showing, That the peti- 
tioner having remained (excepting a little 
time) now by the space of two years and 
four months, with all silence and submission, 
iu the castle of Stirling; and as, in the 
knowledge of his innocency, he is confident 
he hath failed nothing in his faithfulness 
and loyalty to his majesty, so he is most 
desirous to remove all suspicion of Iris car- 
riage for the future ; humbly therefore desir- 
ing that order and warrant may be granted 
to the effect underwritten : we the lords of 
his majesty's privy council having consid- 
ered the said petition, with his majesty's 
pleasure signified anent him, give warrant to 
the governor of the castle at Stirling, to set 
him at liberty; and ordain him immediately 
to repair to Edinburgh, and subscribe such 
bonds acted in the books of council, for 
keeping the public peace of the kingdom, as 
they have ordained." Here the council go 
some further than the king's pleasure signi- 
fied to them by his secretary. Meanwhile, 
some others of the gentlemen, formerly con- 
fined without any reason given, are kept 


under their confinements, such as 
Sir George Maxwel of Nether-pol- 
lock, Cuninghamhead, and Rowallan ; and 
upon the 26th of November, this year, Sir 
James Stuart late provost of Edinburgh, and 
Sir John Chiesly, are, by the council's orders, 
sent from their confinement in the castle of 
Edinburgh, to the tolbooth of Dundee. 
And, upon December 12th, I find Mr 
Alexander Smith, sometime preacher, ban- 
ished to Zetland by the commission for 
chm-ch affairs, is ordered to be brought to 
Leith, and presented before the council. 
And Mr Hugh Peebles, late minister at 
Lochwinnoch, in the shire of Renfrew, 
confined to the north for several years by 
the same commission, is allowed to go west 
to order his affairs, upon giving bond of a 
hundred pounds sterling, to answer the 
council when called. 

Little more considerable offers this year. 
In July the council had passed an act against 
papists, and recommended the execution of 
it to the archbishops. By the registers 
there appears a plain slackness in the arch- 
bishops, in all acts made against papists; 
and many letters are writ to them upon 
every such occasion, before any return can 
be had, as has been remarked in the first 
book. Another instance I give here. In 
December, the council order the clerk to 
write the following letter directed to the 
two archbishops: 

" Most Reverend, 
" By an act of council of the penult of 
July last, it was ordained, that a list of the 
haul papists in every parish within the king- 
dom, should be made by the minister of 
each parish where they five, and be returned 
to the council before the second Thursday 
of this instant, which is now elapsed : and 
finding that the care of the business, which 
is so important, is recommended to your 
grace, as to all parishes and bishoprics within 
your diocese, the council has recommended 
to me to give you notice hereof, that a 
speedy return may be made, that accordingly 
they may proceed to the execution of the 
acts of parliament made against papists; 
and, in order thereunto, what commands 




lfir7 your grace shall think fit to send, 
shall be obeyed by 
" Your grace's most humble servant, 
" Pet. Wedderburn." 

The violence wherewith the two arch- 
bishops pushed on the persecution against 
presbyterians, is the more aggravated by 
their coldness in doing any thing which 
might be hard upon the papists : it may be 
a good reason also, and is an undoubted 
proof of the great hazard we were in of 
returning back to Rome ; yea, this and other 
steps, taken now and afterwards, paved the 
way for a papist's mounting the throne, and 
the desperate plot of destroying the whole 
reformation, so happily disappointed by the 
late happy revolution. 

Upon the 12th of December, the council 
emit a proclamation against the known book, 
entitled " Naphtali, or the Wrestlings of 
the church of Scotland." It is ordered to 
be burnt, and all copies of it are ordained 
to be brought in to the next magistrates, 
against the 1st of February next; and any 
who have copies after that, are to be fined 
in ten thousand pounds Scots. The book 
was compiled by two very great men ; the 
reasoning part of it was done by one of the 
best lawyers of his time Mr (afterwards 
Sir) James Stuart of Goodtrees, whom we 
shall meet with frequently in the following 
periods ; and the historical part by a very 
■worthy minister, the reverend Mr James 
Stirling, minister of the gospel at Paisley. 
An answer was published to it by bishop 
Honeyman ; but he evidently weakened the 
cause he undertook to defend, and was 
taken up, with great strength of reason, by 
the foresaid Mr Stuart, as were some other 
authors of his kidney, in that useful book 
Jus populi vindication. Thus I have gone 
through the sufferings immediately succeed- 
ing Pentland, and the state of things ibis 
year, till the indemnity stopped a little the 
persecution. In this calm, Mr Alexander 
Dunlop, and Mr James FergUSBOn, two 
eminent presbyterian ministers, died. 




It hath been said just now, that 
the presbyterians had a calm after 
the indemnity. This must only be under- 
stood comparatively with the rigour used 
immediately after Pentland, and the severi- 
ties of the army, and the many executions 
then so common. The same spirit of per- 
secution raged in the ecclesiastical state. 
Indeed the king's change of hands did not 
permit them to run their full length, as 
heretofore ; yet, now and then, during this 
and some others of the more easy years to 
the Whigs, some very sharp documents 
were given, that the same bitter temper 

Many -were the occasions of the lenity of 
the present managers. Just clamours were 
raised from all the corners of the country, 
of the severities of Sir James Turner, Ban- 
nantyne, and the army, and it was popular 
to take a contrary course. The king had 
changed his cabinet-council in England, and 
laid aside some of the highfliers. The 
constancy and religion of the sufferers had 
left such impressions on some, that, I am 
told, the earl of Dumfries said openly in 
council, " that if they went on to take away 
more lives, all Scotland Mould turn such 
fanatics as these people were." In short, 
the bishops more and more discovered their 
cruel and selfish temper, and were generally 
disliked ; and such who had public affairs 
among their hands, were neither so much 
under the prelates' management, nor so 
violent in their temper, as the former set. 
They believed an injury and act of injustice 
might be done against a Whig as well as 
another subject, and did not altogether re- 
gulate themselves according to the maxim 
laid down now for near seven years, that 
nothing done against a presbyterian could 
be wrong; yet presbyterians were far from 
being overlooked, and wanted not their 
difficulties, as shall be noticed. Yea, some 
were pleased to think, that the managers 
might have discovered their zeal against 




popery better, than by tbe boring the tongue 
of a fellow of no good reputation indeed, 
for saying, what many now jealoused, (sus- 
pected) and every body afterwards saw, 
that the duke of York was a papist. This 
chapter then will naturally fall into two 
halves. The stop put to the severities in 
the former period, by some of the persecu- 
tors their being called to an account ; and 
the remaining sufferings of presbyterians, 
with their state and circumstances during 
this year. I begin with 

Of the council's inquiries into Sir James 
Turner and Sir William Bannantipie 
their cruelties and oppressions. 

In the beginning of this year, the council 
came to inquire into the carriage of Sir 
James Turner and Sir William Bannantyne ; 
and I shall give the account of their proce- 
dure mostly from the records. Had a joint 
inquiry been made into general Dalziel, Sir 
Mungo Murray, and others' procedure, as 
great, if not greater oppressions, might have 
been found. 

To deduce Sir James Turner's examina- 
tion from its rise last year, I find a letter 
from the king, November 26th last, signify- 
ing to the council, " that he had received 
divers informations of many illegal execu- 
tions by Sir James Turner, during his com- 
mand in the west, and therefore he orders 
them to inquire into that matter, and 
report." That day the council appoint the 
lords Halkertoun, register, advocate, justice- 
clerk, lord Cochran, lieutenant-general 
Drummond, and Sir Robert Murray, to try 
Sir James, and report to them. The report of 
this committee lands in a commission from 
the council, December 8th, " to the earl of 
Nidsdale, lord Kenmure, the laird of Craig- 
darroch, and some others in the south, to 
make trial of the actions of Sir James Tur- 
ner, what sums of money, bonds, moveables, 
and goods, were exacted, levied, and uplifted 
by him, or any under his command ; what 
was the soldiers' carriage in the said exac- 
tions, what free quarters were taken; and 
his haill carriage in the shire of Dumfries, 


and stewartry of Kirkcudbright, and 
report." Before this committee, 
abundance of gentlemen and others appear- 
ed, gave in informations, and adduced wit- 
nesses, clearly proving a great many grievous 
and atrocious things against Sir James and 
those under his command, which were so 
many evident vindications of that poor 
oppressed corner their rising in arms, and 
evidences of the necessity they were laid 
under so to do. Some of them have been 
pointed at, and particulars would be endless. 
As the best account I can give of this affair, 
I here insert a copy of the report given in 
to the council by their committee, as the 
issue they came to in this matter, February 
20th, 1668, which they transmit to the king. 

Apud Edinburgh, vigesimo die mensis 

Februarii, 1668. 

Report anent Sir James Turner. 

" The committee appointed for trial of Sir 
James Turner's carriage, having given in 
their Report, bearing, That, according to 
order, they having met upon the 28th of 
November last, drew up fit queries and 
instructions concerning it, and orders to 
some gentlemen in the west, to take informa- 
tion of all sums of money exacted by Sir 
James, or his order, for fines, cess, or 
otherwise, and of all his deportments : and 
to be sure of a speedy return, sent Thomas 
Buntine with letters, and the orders above- 
mentioned, appointing him to attend the 
prosecution of them, and bring back the 
reports ; which accordingly he did, before 
the 10th of January. 

" The committee did thereafter deliver 
to Sir James, a paper containing some 
grievances drawn out from the stewartry 
of Kirkcudbright only, those in the other 
shires not being so clear and full. They 
allowed Sir James to see all the reports 
in the clerk's hands, and enjoined him to 
give in his answers in writing, the 17th 
instant, which he did. And the com- 
mittee having read and considered all, and 
examined Sir James upon every point that 
occurred, after a full debate, agreed to 
offer to the council their humble opinion, 
that the council do, in obedience to his 
majesty's commands, transmit to the secre- 




tary the following report, to be 
communicated to his majesty. 
" The lords of his majesty's privy council 
did no sooner receive his command in liis 
gracious letter, of the 21st of November 
last, for taking exact information of Sir 
James Turner's deportment in the west, but 
they ordered and empowered a committee of 
their number to inquire diligently thereinto ; 
and by their report it appears, that upon 
informations from the stewartry of Kirkcud- 
bright, given in upon oath of parties, or their 
masters or neighbours, many illegal exac- 
tions have been made, and disorders com- 
mitted, such as, 

" lmo, Quartering of soldiers, for levying 
of fines and impositions. 2do, Exacting 
cess, or quartering-money, for more soldiers 
than were actually present, sometimes for 
double the number, or more; and that 
besides free quarters for those present, 
sometimes eightpence, sometimes twelve- 
pence, sometimes sixteeupence, and some- 
times more for each man. 3tio, Cess 
exacted for divers days, sometimes eight, 
ten, or more, before the party did actually 
appear. 4to, Imposing of fines, and quar- 
tering, before any previous citation, or 
hearing of parties. 5to, Fining without due 
information from ministers. 6to, Fining 
such as lived orderly, as appears by minis- 
ters' certificates. 7mo, Fining and cessing 
for causes, for which there are no warrants 
from acts of parliament or council; as, lmo, 
Baptizing of children by outed ministers. 
2do, Baptizing by neighbouring ministers, 
when the parish church was vacant. 3tio, 
Marrying by outed ministers. 4to, For 
keeping of conventicles. 8vo, Fining for 
whole years preceding his coming to tbe 
country, and that after they had begun to 
live orderly. 9no, Fining fathers for their 
daughters baptizing their children with outed 
ministers, though forisfamiliate six months 
before, and living in another parish. lOmo, 
Fining, without proportioning the sum witli 
the fault, llmo, Fining in whole parishes 
promiscuously, as well those that lived 
orderly, as those that did not. 12mo, 
Fining whole parishes, where there was no 
incumbent minister. 13mo, Fining one that 
lay a year bedfast 1 imo, Forcing bonds 

from the innocent. 15mo, Cessing people 
who were not fined. 16mo, Taking away 
cattle. All those actings are illegal. 

" Misdemeanors of other kinds were, 
17mo, Agreeing for fine and cess both in one 
sum, whereby accounts are confounded. 
18mo, Not admitting of complainers, who 
were cessed, to come to his presence, 
alleged to be his constant practice. 19mo, 
Permitting his servants to take money for 
admitting people to him, and yet access 
denied. 20mo, Increasing the number of 
quartering soldiers after complaints. 2 lmo, 
Exacting money for removing of soldiers, 
after cess and fines were paid. Every one 
of the foregoing articles was made out by 
information upon oath, which yet doth not 
amount to a legal proof; which in most of 
those cases will be difficult, if not impossi- 
ble, to obtain, in regard that no witnesses 
can be had, that are not liable to exception, 
unless by examining officers, soldiers, and 
servants, which would take up much time 
and labour. 

" Sir James Turner's defences, as to such 
of the foregoing articles as he acknowledged, 
are commission and instructions from the 
then lord commissioner, for quartering, to 
raise fines, for fining those who forbore 
going to church, or married or baptized by 
outed ministers, or kept conventicles, and 
that upon the delations of credible persons, 
and to prefer them to those of ministers ; 
but he does affirm, that all the commissions 
and instructions were taken from him by the 
rebels, when he was made prisoner, and so 
hath nothing to show for his vindication. 
And for all the other heads above-written, 
he either denies matter of fact, ascribes the 
transactions to others, or pleads ignorance. 

" The sums of money received for fines 
and cess, and bonds taken, he acknowledges 
to have amounted to thirty thousand pound 
Scots. The sunis charged upon him by the 
country, besides quartering, come to about 
thirty-eight thousand pounds Scot;; wherein 
is not reckoned what was exacted from any 
of those who rose in rebellion, and some 
parishes whence no information was re- 

" And as to his surprisal he says, Imo, 
lie had but sixty-six foot in those parti) 

CHAP in. 



under his command. 2do, That they were 
all dispersed through the country about the 
fines, so that there was not so many left 
with him as to keep guard at his lodgings, 
nay, not so much as one soldier before the 
gate. 3tio, That he had no order to keep 
a guard about him, or to fortify himself, 
although there be a strong house within the 
town, called the Castle, to which he might 
have retired with some thirteen soldiers, 
who came in that night before he was taken. 
4to, That he had intelligence, there was a 
rising in the country ; and that a corporal of 
his was wounded by a shot, who told him, 
there were divers persons got together, who 
had intelligence from the north of a rising 
there, with an intention to march to the 
citadel of Ayr, and to seize the citadel, and 
arms which had been taken from the coun- 
try. 5to, That about midnight he wrote to 
George Maxwel of Munshes. 6to, He sent 
orders to more of his soldiers to meet the 
next nioming, intending towards New Gal- 
loway where the rising was reported to be. 
7mo, That he had risen about six of the 
clock that morning, but, being indisposed, 
lay down, and when up iu his nightgown, 
about eight of the clock, he was surrounded 
and taken. 

" This is all that is to be expected from 
his majesty's information concerning Sir 
James Turner: as to what further concerns 
the money he intromitted with, it may be 
looked after according as his majesty shall 

" The lords of council having heard and 
considered the foresaid report, do approve 
thereof, and ordain an extract of the same 
to be transmitted to the secretary, to be 
communicated to his majesty." From this 
report we have a pretty full view of this 
matter; and when we consider this report 
comes only from the stewartry of Kirkcud- 
bright, and some parishes in it, and takes in 
nothing of the oppressions which concern 
the persons who were actually in the rising, 
it will appear how vast sums were uplifted 
in the shires of Dumfries and Galloway. 

March 10th, the council have a return 
from the king, wherein he tells them, he 
had considered the above report, and thinks 
fit to declare his pleasure, that Sir James 

Turner be no more an officer in 


his service. He orders the coun- 
cil to call for him, and receive up his 
commission, and to call Sir James, Sir 
William Ballenden, and others, to an 
account for the money and bonds uplifted 
by them for church fines, to the end, that 
what is unjustly taken, especially bonds, 
be given back, and what remains may be 
employed in charitable uses. The same day 
Sir James appears before the council, and 
delivers up his commission to be a major, 
dated February 12th, 1664, aud his other 
commission to be a lieutenant-colonel, of 
the date July 28th, 1666. And to give the 
whole of this account together, upon the 
7th of May, the committee of council 
appointed to examine Sir James's accounts 
of money and bonds uplifted for church 
fines, gave it as their opinion, that seeing 
there would be difficulty to prove the 
charge, given in by the country, of thirty- 
eight thousand pounds, or thereby, against 
Sir James, the charge of thirty thousand 
pounds ingenuously confessed by him, be 
admitted without further inquiry. And 
as to the first article of his discharge, a 
thousand pounds sterling for quartering; 
they are of opinion it should be allowed, 
since it was usual in such cases. That 
the second article of his discharge, eight 
thousand one hundred and fifty pounds 
Scots of bonds taken, and delivered in to 
Alexander Keith, be likewise allowed. That 
his third article of an hundred and fifty 
pounds sterling, as his charges, by his going 
and coming to Edinburgh, be allowed con- 
sidering his losses when made prisoner at 
Dumfries. His fourth article, of forty 
pounds sterling given to some ministers, 
likewise allowed; and some other smaller 
articles, for shortness, here omitted : and his 
last article of six thousand merks taken 
from him when prisoner, the committee 
give it as their opinion, being persuaded of 
Sir James's ingenuity, that it be admitted. 
The council approves, and discharges ac- 
cordingly. It will be easily perceived, the 
council and their committee do not go the 
length of summumjus with this gentleman. 
His defences are much the same before the 
king's council, with these he made to 





colonel Wallace's council of war. 

He urged his orders from the com- 
missioner, and letters from bishop Sharp 
and other bishops : and if he was to be be- 
lieved in his own cause, his severities were 
not by far so great as his instructions bore 
him to. However, to stop the clamour of 
the country, it was thought proper to remove 
him from his posts, and many were of 
opinion, his commissions were so large as 
he ought not to have received them. 

I wish I could give as full an account of 
the inquiry made anent Sir William Ballen- 
den or Bannantyne's oppressions, and illegal 
exactions : but I find only one very general 
article anent him in the council registers, 
and I shall begin with it, and then give 
what I meet with concerning him in other 
papers come to my hands. In prosecution 
of the king's letter, dated March last, order- 
ing a trial to be made of his carriage, he 
was imprisoned, and a committee appointed 
to examine his accounts; and upon the 
4th of August, the council come to pass the 
following act about him: — " The lords of 
council, considering the complaints given in 
against Sir William Ballenden, and the an- 
swers given thereunto, do fine the said 
Sir William in the sum of two hundred 
pounds sterling, allowing to him a precept 
drawn by the lords of the treasury for one 
thousand three hundred merks which he 
answered: and in respect the said Sir 
William hath exhibited all the bonds and 
papers taken by him in Galloway, and given 
sufficient caution to remove off" the kingdom 
betwixt and the first of September next, and 
not to return without special order, under 
the penalty of five hundred pounds sterling, 
do assoilie the said Sir William from all 
other pains and punishments that might 
have followed upon the said complaint." 

This sentence was reckoned exceeding 
soft and favourable to Sir William; far 
greater outrages had been laid in against 
him than against Sir James Turner. The 
gentlemen of Galloway gave in libels ami 

V(i\ full proofs of his horrid extortions, lil- 
thiness, rapes, and cruelty. Some parts of 
his carriage have been noticed, and many 
more might !><' here added. lie made great 
fires, and laid down men to roast before 

them, Avhen they would not, or could not 
give him the money he required, or the 
informations he was seeking. It was fully 
proven, that among other barbarities, he 
was perfectly inhumane to a gentleman in 
Galloway. He is not named in this account 
now in mine eye ; but from what is above I 
guess it to be Gordon of Largmore. The 
gentleman had been at Pentland, and 
through his wounds there, and hardships 
before he got home, he fell very ill, and was 
at the point of death, when Sir William 
orders him to be brought to him dead or 
alive. The party brought with them a 
cart, knowing the gentleman could neither 
ride nor walk, and tell him he must now go 
with them. He raised himself a little 
upon his bed and told them, He now defied 
Sir William and all his persecutors, and 
forgave them, adding, that very shortly he 
would be in better company ; and then 
leaned down again, and in a very few 
minutes died. 

These things could scarce prevail with 
many of the members of the council, to im- 
prison Sir William, until some of the 
gentlemen offered to prove some treasonable 
speeches against him, tending to incite them 
to a new rising, and that he professed him- 
self willing to join with them. The secret 
of this we have already heard of; and it was 
the project of the party, who were for 
keeping up the standing army, but durst not 
now be owned. Upon this he was impris- 
oned, and got this part of the libel shuffled 
by, by confessing some expressions tending 
this way, as uttered by him with a design to 
expiscate the designs of the Whigs: and 
shortly he is set at liberty, and the former 
fine imposed, and act of banishment passed 
against him. Away he flies to court, and 
there puts the best face he could upon 
matters, with the help of his friends, whose 
interests he had served in Scotland: but 
his old masters could not prevail with 
Lauderdale to remit the line. It is said 
upon this he undertook some wicked design 

upon that nobleman's life ; but the particular 
vouchers of this 1 have not seen. It is 
certain he was obliged to Leave the king's 
dominions. I le went over to the army now in 
the Low Countries, and served in the siege 




of Grave, and was there killed. It is added, 
that as he was walking very negligently with- 
in the reach of the cannon of the town, some 
called to him to take care of himself, for he 
was too near. He answered, " Cannons 
kill none but fey* folk." He had scarce 
said so, till a cannon ball came upon him, 
and carried out his heart some distance 
from his body ; which was sadly agreeable to 
a wicked imprecation too ordinary with him. 
This melancholy end of this wicked per- 
secutor, brings to my mind a pretty remark- 
able judgment upon two of the same kidney, 
though far inferior to Sir William in wicked- 
ness or quality. David M'Bryar an heritor 
in the parish of Irongray, and member of 
Middleton's parliament, who was to have 
witnessed some points of alleged treason, in 
his minister Mr John Welsh his sermons, 
about the time of Middleton's parliament, 
and turned after that a violent persecutor,was 
evidentlyfrowned upon in providence as to his 
business : his substance was sensibly blasted, 
and in a few years he fell into great difficul- 
ties ; so that being in hazard to be laid up 
for debt, he was obliged to skulk amongst 
his tenants, and hide the best way he might. 
About this time one John Gordon, a north 
country merchant, just such another as 
M'Bryar, came south to agent the business 
of a curate in that country, who had come 
from the north. Gordon, when at Dum- 
fries, had borrowed Mi - Chalmers, curate 
there, his sword, and when travelling through 
Irongray, he met Mi' M'Bryar in the fields, 
looking very melancholy and dejected. Gor- 
don presently concludes him to be a whig, 
and requires him to go with him, as a sus- 
pected person, to Dumfries. The other, 
after some shifting answers, refused, fearing 
oidy the prison for his debts. This shyness, 
without a reason given, made him the more 
jealoused (suspected) by Gordon, who draws 
his sword, and told him, he would force 
him to go with him. M'Bryar, either in 
resisting or running, is killed, being run 
through the body, and died on the spot. 
The other made no secret of his having 
killed a whig, to the people about. When 

* Fey, silly, deranged. — Ed. 

they saw the dead body, they knew 
Mr M'Bryar, and seize Gordon, 
and carry him into Dumfries, where pres- 
ently, by sentence, he is hanged, for murder- 
ing a man as honest as himself. This strange 
incident made the country people say, it 
was a cursed thing to harass the whigs : 
and indeed a holy providence appeared in it, 
making one persecutor to cut off another. 

When the council have Sir James Tur- 
ner and Sir William Bannantyne before 
them, honest people began to hope they 
might be heard in their complaints, against 
some others who had illegally oppressed 
them. Therefore some persons in Ayr, 
particularly bailie John Ferguson, and some 
others, gave in a charge against William 
Cuningham provost of that town, containing 
many acts of riot, injustice, and oppression, 
alleged to be committed by him. Cuning- 
ham makes his interest with the archbishop 
of Glasgow, and so comes into Edinburgh 
with confidence enough, and not ill founded : 
for after his accuser had been at the charges 
of taking in forty witnesses and upwards, to 
prove his libel, and was just about to table 
it, he is told by some of the members of 
council, that unless he agreed with the 
provost, and dropt this design, the declara- 
tion would be put to him. His throat not 
being Avide enough to swallow this, he was 
obliged to withdraw, and hold himself quiet. 
Great were the discontents that Bannan- 
tyne was so easily passed, and inquiries 
into the carriage of others thus were frau- 
dulently stopped. However, the notice 
taken of these two made presbyterians take 
a little heart, and sermons were some more 
frequent than formerly. But I go forward to 


Of the procedure against jwesbyterians this 
year, the bond of peace, severities against 
outed ministers, Mr MitcheV s first attempt, 
and some other matters. 

Having thus given some account of the 
notice taken of some of the instruments of 
the severities against presbyterians the for- 
mer years, I come now to take a view how 
matters went with themselves through this 




year, and that as much in the order 
of time as I can now recover. I 
may hegin with some further account of the 
bond of peace, and the circumstances of 
the sufferers as to that. When it was 
imposed in the close of the last year, the 
persons required in several places, did not 
meet in order to the signing of it. I find 
particularly, December 4th, the heritors, and 
feuars of the barony of Glasgow, did not con- 
vene ; and the council appoint the archbishop 
of Glasgow and marquis of Montrose, to see it 
done against the first of January. Upon the 
backwardness of people to it, the council write 
to the king, for his orders what to do now 
upon the running out of the time fixed in 
the indemnity, and anent the bond of peace. 
Upon the 16th of January, the king's letter 
anent the indemnity and bond, comes before 
them ; which I insert here. 

" Right trusty, &c. 
" Having received full information of your 
care and diligence for providing of money, 
and disbanding the new troops, as also for 
appointing the bond to be signed for keep- 
ing the public peace ; we do return you our 
hearty thanks : and whereas we are informed, 
that divers do neglect or refuse to sign 
those bonds, in some of the shires, we do 
require you to send us a particular account, 
Avho have signed the bonds in the several 
shires where they were appointed, and who 
have neglected or refuse to sign ; and if any 
have neglected or forslowed that necessary 
service : as also, who of those that were 
accessory to the late rebellion, have accepted 
our gracious pardon; and in what places the 
same hath been slighted ; together with your 
free opinion what is further necessary to be 
done, in relation to security for the peace, 
and what course is fittest to be taken with 
these of the late rebels, who have slighted, 
and not accepted our gracious pardon : but 
above all, we most especially recommend 
to you to use all possible means and endeav- 
ours for preserving and settling the public 
peace under our authority, and with special 
care to countenance and maintain episcopal 
government, which in all the kingdom we 
will most inviolably protect and defend. ! 
You must by all means restrain the gather- 

ings of the people to conventicles, which are 
indeed rendezvouses of rebellion ; and exe- 
cute the laws severely against the ringleaders 
of such faction and schism ; and return to us 
your very free advice, wherein you need our 
more particular commands for those ends. 
We did lately recommend to you, the order- 
ing of our troops and companies to such 
places as you should think most convenient, 
and we appointed who should command 
them, in absence of our chancellor: and 
now considering how needless a general is 
to so few troops, we do think it fit to inti- 
mate our pleasure, that our commission to 
our general, in that our kingdom, and all 
other general officers, be recalled; being 
resolved to appoint general persons where 
we have an army. And in the mean time 
you are to give orders to the command- 
ers of our troops, as you shall find expe- 
dient for our service." — It took some time 
before the council could return an answer 
to all the particulars in this letter : so upon 
the 27th of February, I find they make the 
following return to Lauderdale, which, as 
containing a very distinct account of the 
state of the country, anent the indemnity 
and bond of peace, I insert it here. 

Apud Edinburgum, 21mo mcnsis Febrnarii 

" In obedience to his majesty's commands, 
a committee Mas appointed ; and by them 
order was given for bringing in an exact 
account of these who have signed the bonds 
for keeping the public peace, who have 
neglected the doing thereof, who of those 
in the late rebellion, have accepted of his 
majesty's gracious pardon, and who have 
slighted the same. By their report it ap- 
pears, there are few or none of the consider- 
able heritors in the several shires, who 
were appointed to sign the bond, have not 
signed the same, except such who had for- 
merly taken the declaration, or whose con- 
stant residence was not within the shirrs, 
and did not apprehend themselves obliged 

"As to those accessory to the late rebel- 
lion in the shire of Lanark, one hundred 
and forty-seven have taken the benefit of 
his majesty's gracious pardon, and signed 




the bond for their future deportment ; and 
oue hundred have not. In the shire of Ayr, 
fifty-seven have taken the bond, and seventy- 
two have not. In the stevvartry of Kirk- 
cudbright and Dumfries, fourteen have taken 
the bond, and one hundred and twenty-eight 
have not. 

" The whole number of those who have 
come in upon his majesty's gracious pardon, 
being - two hundred and eighteen, and of 
those who have not embraced it as yet, 
three hundred, who, for the most part, are 
very mean persons, as servants, subtenants, 
and craftsmen ; and the remanent who were 
in the said rebellion, were either killed in 
the field, or publicly executed, or are since 
dead, or fled out of the kingdom. 

" As to the further securing- of the peace 
and quiet of the kingdom, it is our humble 
opinion, lmo, That his majesty may be 
pleased to grant warrant for issuing- a pro- 
clamation, discharging- all such who have 
not subscribed the said bond for keeping 
the public peace, to have or wear any arms, 
sword, dirk, or whinger, or any other what- 
somever; or to have or keep any horses 
above the value of fifty pounds Scots, after a 
certain day to be affixed; and that a power 
and warrant might be given and granted to 
all sheriffs, Stewarts, bailies of regalities, 
magistrates of burghs, justices of peace, and 
all magistrates whatsomever, to search for, 
and seize upon all arms in the possession of 
such persons and to exact ten pounds Scots, 
toties quoties of the haver or wearer of such 
arms, the one half to be given to the discov- 
erer, and the other half to be disposed 
upon by the judges, as they shall think fit. 
And further, that they be empowered to 
seize upon, and intromit with all horses 
which shall be found in the possession of 
those persons, above the value of fifty 
pounds Scots, paying the said sums always 
to the party: and that also, by the said 
proclamation, it may be declared lawful for 
any person whatsomever, who knows of 
any horses in such hands, above the said 
value, to seize thereupon, bringing always 
along with him, a magistrate of a burgh of 
landward, or any of the officers or messen- 
gers at arms, or any notar public with wit- 

nesses, and in their presence made 

payment of the sum of fifty pounds 

Scots ; and in case of resistance, complaint 
being made to any of the magistrates fore- 
said, that they cause the horse be delivered 
to the person who seized the same, with- 
out payment of any price therefore, and 
otherwise punish him in whose hands the 
horse was found, in his person, at their dis- 

2do, Because, through the absence of 
those persons who were appointed to take 
the bonds from the rebels, by reason of 
their sickness, or their being at Edinburgh 
attending lawsuits in the time of the term, 
the meetings for subscribing were not so 
timously, nor so punctually observed, and 
that many of the rebels themselves were 
fled the country, or lurking in obscure 
places, and so did not know of the several 
diets, before the time was elapsed, and that 
divers was come in since, and others may ; 
it is our opinion, that all that have or do 
accept of the pardon, and sign the bond 
before the intimation of his majesty's further 
pleasure to the council, may be admitted 
thereunto, and that his majesty may be 
pleased to signify his pleasure accordingly. 

" 3tio, That his majesty may give warrant 
for a proclamation, wherein the names of 
all such of the rebels, as shall not then have 
taken the bond, may be insert; and that 
magistrates, and others his majesty's judges, 
and officers in burghs and landward, may be 
commanded upon their allegiance and duty, 
to seize and apprehend them, and present 
their persons to justice; and that all heri- 
tors, and others his majesty's subjects, may 
be discharged to harbour, reset, or keep any 
correspondence with them; with certifica- 
tion to such as shall fail herein, they shall 
be punished as aiders and abettors of rebels, 
and accessory to the rebellion. And if it 
shall be found that any of the rebels have, 
or shall have any reset, supply, or entertain- 
ment within the bounds of any of these 
heritors, who have not taken the bond for 
the peace, that every such heritor shall be 
pursued, and proceeded against, as guilty of 
the rebellion. 

" Against conventicles there are acts of 





council, so many and so full, as 
nothing can be added thereunto ; but 
the council will be careful to see them put 
to due execution; and, by their act of the last 
of January, herewith sent, have taken order 
for removal of all outed ministers, forth of 
the city of Edinburgh, and other prohibited 
places, and restraining conventicles therein." 
— At the close, the council recommended 
it to Lauderdale the secretary, to lay all 
these things before the king. 

According to this desire of the council, 
they are permitted to receive persons upon 
the bond of peace; and it is made very 
much a rule of their procedure. In April, 
I find David Barclay prisoner in the castle 
of Edinburgh, for some concern, I suppose, 
in Pentland, upon his declining to sign the 
bond, is sent to the tolbooth of Montrose. 
In February this year, the banished minis- 
ters in Holland, sent over their sentiments 
of the bond, in warm terms, as a great 
defection, and a burying of all covenanted 
reformation-work; which wanted not its 
influence to hinder some to take it. Thomas 
Lennox, above condemned to die for Pent- 
land, is liberate in April, upon signing it. 
Andrew Robertson, prisoner on the same 
score, is allowed to transport himself to 
New England. In June, I find John Bryce 
mealmaker in Cambusnethan parish, Wil- 
liam Fergusson weaver in Lanark, William 
Adam smith in Williamstoun, prisoners. 
When brought before the council, they 
acknowledge their being at Pentland ; and, 
upon their refusing the bond, they are ban- 
ished to Virginia: with certification, if they 
return, the pains of death will be inflicted. 
And I find a short work made by the coun- 
cil, in a general order, July 30th, that all 
who are in prison for the rebellion, and 
shall refuse the bond, are to be sent to the 
plantations; and thither not a few were 
sent this year. 

Agreeably to the proposal in the council's 
letters above, I find a proclamation pub- 
lished, May 9th, ordering all magistrates 
and officers of the standing forces, to seize 
and apprehend about a hundred persons, 
whose nanus are annexed to the proclama- 
tion, as having slighted the indemnity offered. 

The proclamation is added.* It seems to 
be in pursuance of this and other proclama- 
tions, that the council, June 25th, " order 
out letters against the lord Torphichen, and 
other heritors of West Calder, and others 
to be condescended on by my lord Haltoun, 
(thus it runs in the council records) to 
answer for harbouring John Gilchrist, James 
Nimmo, and Thomas Finlay, and not appre- 
hending them, and offering them to justice 
for their accession to the rebellion, 1666." 
This process was for some time in depend- 
ance,and brought no small trouble to several 
persons very innocent in this matter. 

By a letter, dated July 23d, the king 
leaves the council to do with those con- 
cerned in Pentland, as they see good. His 
words are these : " We now think fit to refer 
it to you, to take such course with all in 
the rebellion, 1666, who are not particularly 
forfeited, as you think fittest for the peace 
of the kingdom, either by banishing them to 
the plantations, or admitting them to take 
the benefit of our pardon, as you think fit." 
But presses their ridding the kingdom of 
preachers at conventicles; which I shall 
just now have occasion to notice. Accord- 
ingly, upon the 4th of August, James 
Anderson, John Wright, and Robert Grier, 
are banished to Virginia, for being in the 
rebellion 1666. And in November, I find 
a good many concerned in Pentland, are, 
by the council, admitted to take the bond ; 
and Robert Chalmers (who afterwards got 
a remission, if it be not another of the same 

* Proclamation against rebels u<ho hare not ac- 
cepted the indemnity, May 9th, 1668. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to 

macers or messengers at arms, conjunctly and 
severally, and to all and sundry our lieges and 
subjects whom it etl'eirs, greeting : Forasmuch 
as we, by our act of indemnity ami proclama- 
tion, of the date the ninth of October, one 
thousand six hundred and sixty-seven, were 
graciously pleased to make intimation of our 

tenderness and care, to reduce such of the late 
rebels as were seduced ami misled, to their doe 
obedience to our authority and lawa, excepting 

only sueli as were therein named) provided 

always that they should appear betwixt and the 
first day of January lasl bypast, before such as 
were then authorised by the lords of our privy 
council, and give such bonds for keeping the 




name) William Miller, and William Mur- 
doch, are bauished ; and John Denholm 
banished to Tangier, for resetting some of 
the former one night in his house. And 
William and James Welsh in Irongray, 
whose names are wrongously insert in the 
proclamation, May 9th last, compearing 
before the council, and declaring they were 
not at Pentland, are allowed to purge them- 
selves, by signing the bond of peace, and 
dismissed. So much may serve for the 

public peace of the kingdom, as is therein ap- 
pointed. And yet notwithstanding of our gra- 
cious pleasure timously intimate, many of the 
said rebels continue yet so desperate and wicked, 
that they have refused, within the time limited, 
to make their appearance: whereby they have 
justly forfeited the benefit of our gracious offer, 
and deserve to be proceeded against with all 
rigour, till they be brought to condign punish- 
ment. Therefore, we, with advice of the lords 
of our privy council, command and require 
all sheriffs of sheriffdoms, stewards of stewart- 
vies, magistrates of royal burghs, bailies of 
regalities and baronies, and all others our minis- 
ters of justice, and officers of our standing forces, 
as they will be answerable to us upon their 
allegiance and duty, immediately after notice 
hereof, to seize upon, and apprehend the persons 
of the rebels underwritten, viz : — 

In Carsfairn parish. 
Nathanael Cannon in Formaton, 
James JNIacmitchel in Knockinreoch, 
John Macmillan in Strong-gashel, 
Robert Macmillan in Kiltarsen, 
William Macmillan in Bradinoch, 
James Mackilney in Polmidow, 
John Logan in Loch-head, 
John Crawford in Drumjoan, 
John Cunningham in Longford, 

Macadam in Waterhead, 

John Hannah there, 

George Macadam in Bow, 

John Macmillan younger in Brockloch, 

George Fergusson in Woodhead, 

David Cubbison in Moss, 

James Macadam in Knockgray, 

Alexander Macmillan in Bank, 

William Smith at Bridge of Geuch, 

John Wylie in Smiton, 

Roger Macolm in Netherholm, 

Robert Macolm in Netherglen. 

In Dairy parish. 
David Cannon brother to Morgrie, 
Edward Crichton in Knocksting, 
James Fergusson in Trostan, 
Robert Crichton in Fingland, 
Andrew Crichton there, 
John Machutcheon in Clachan of Dairy, 
James Welsh his brother, 
John Welsh in Skeoch, 
Robert Wallat in Scar, 
Herbert Biggar son to Herbert Biggar of 

Thomas Smith sou to James Smith of Drum - 


treatment this year, of those in the 
late rising. Let me now come 
forward to take some view of the severities 
used against conventicles, and the keepers 
of them this year. 

Field conventicles were at this time 
very rare ; but presbyterian ministers adven- 
tured to preach to large meetings in houses 
and barns, upon the repeated and impor- 
tunate calls of the people, who had fallen 
off from the incumbents, because of their 

Robert Sinclair son to Robert Sinclair in 

\\ illiam Welsh in Ingliston, 
James Biggar in Margloby, 
John Currier in Newark, 
Robert Currier in Dalquhairn, 
David Currier in Ruchtree, 
Robert Colvin in Ingliston, 
John Hunter in Barncleugh, 
John Wallat in Holhill, 
John Welsh in Knachston, 
John Wright in Larbreck, 
John Whitehead in Chidden, 
James Macbirnie in Crobmor, 
John Wilson in Traquair, 
Andrew Haining servant to John Neilson of 

John Gaw son to Robert Gaw in Airncrogoe. 

In the shire of Dumfries. 
John Kirko of Sundywell, 
James Callan glover in Dumfries, 
James Grier in Shankstell in Glencairn 

John Grierson in Auchinshine there, 
John Law there, 
William Harvey younger there, 
George Wilson there, 
John Gilkerson there, 
James Aiton there, 
Thomas Robertson there, 
Matthew Hamilton there, 
Thomas Brown there, 
John and George Jacks there, 
Robert Rae there, 
Patrick Murray there, 
Robert Davidson there. 

In the parish of Lanark. 
John Wilson there, 
Thomas and James Hasties there, 
James Fisher there. 

In the parish of Carluke. 
William Loch there, 
William Gilkerson there, 
William Frame there, 
Archibald, Robert, and Gabriel Forres ts 

Thomas Martin there, 
John Scouller there, 
James Armstrong there, 
William King there, 
John Gilkerson there, 
Archibald Hart there, 
Robert Smith there, 
William Brown. 




share in the severities and oppres- 
sions of the former years. As yet, 
unless in some places, where circumstances 
forced to the open fields, it was rare to preach 
out of a house. I shall cast together here, 
what I find this year done anent conventi- 
cles, and such as frequented them, leaving 
the treatment of the ministers to the next 

May 7th, I find, the council having called, 

and convened before them, Miller of 

Waxford, for being lately at a conventicle 
in the shire of Ayr, which he confessed, 
fine him in three hundred merks, to be 
paid presently ; and they oblige him to give 
bond, under penalty of one thousand pounds 
Scots, that neither he nor his family, shall, 
in time coming, be present at conventicles. 
The three hundred merks are ordered to be 
given to Henderson a wounded soldier. 

The same day, the council being informed 
of several conventicles kept in several places, 
appoint any of their number to give out 
warrants for seizing, apprehending, and 
committing to prison, all outed ministers, or 
others who shall keep conventicles, or other 
unlawful convocations and meetings, or to 
give warrant to a messenger to cite them to 
such diets of the council, as they think 
fit. To favour this design of suppressing 
these meetings for divine worship, by such 
as could not in conscience join with the 
curates, May 9th, instructions are given to 
the forces. " The earl of Linlithgow, com- 
mander-in-chief for the time, is allowed to 
change the quarters of the soldiers, as he 
finds meet. All the officers and soldiers 
are warranted to seize upon and apprehend 
all outed ministers, who have kept conven- 
ticles, or preached at them, to dissipate all 
conventicles, and seize upon the minister, 
and such of the principal persons at the 
meeting, as they can catch, and carry them 
to the next prison, especially such as have 
weapons. They are empowered to seize; 
upon any tbey have a warrant from a privy 
counsellor to apprehend, either as rebels, or 
conventicle keepers." In short, they arc to 
observe the orders given November 15th, 
16G7. Accordingly, upon the 4th of June, 
the council approve the following disposition 

of some of the troops : a company of foot to 
lie at Dumfries ; a company of foot, with 
fifteen horse, at Strathaven in Clydesdale ; 
forty troopers at Kilsyth ; two companies of 
foot, and fifteen horse, at Glasgow ; a com- 
pany of foot at Dalmellington, and another 
at Cumnock in the shire of Ayr. 

Besides this parcelling out of the forces 
where they were most afraid of conventicles, 
upon informations of the keeping of them, 
commissions are given out to examine 
who had been at them. So upon the same 
day the council grant warrant to two gentle- 
men, to make enquiry who were at the con- 
venticles in Fife, in the town of Anstruther, 
and at Largo : and upon this trial, July 
IGth, council letters are directed out against 
four persons in Largo and the neighbour- 
hood, for being present at them. 

At the desire of the prelates, who this 
year are mightily keen against conventicles, 
the king writes in the forecited letter, dated 
July 23d, after he hath remitted the rebels 
to the council's pleasure, thus : " but we do 
specially recommend it to your care to rid 
the kingdom of such seditious preachers, or 
pretended ministers as have kept conven- 
ticles, or gathered people to the fields, since 
January last ; for we look on such as the 
greatest disturbers of the peace, and per- 
verters of the people." That they were so 
represented to his majesty I believe : but 
the king had not better subjects in the king- 
dom, and there was nothing but peaceable 
carriage at such meetings, and the gospel of 
peace purely and faithfully preached, and 
the king prayed for. Indeed the orders 
given above, to dissipate those meetings, 
obliged some to defend themselves when 
attacked, and the gospel preached to them ; 
but there Mere not many scuffles this way 
as yet. 

Another method, peculiar to towns, used 
at this time against conventicles, was, to 
oblige the magistrates of burghs, to give 
bond to the council to pay such a sum if a 
conventicle were held within their jurisdic- 
tion : and ordinarily they had their relief off 
the persons they should find out to have 
Keen at it. Accordingly the magistrates of 

Edinburgh, .Inly 29th, give bond to the 




council to this effect ; which I have insert,* 
and for some time, 1 find yearly it is renewed 
by every set of new magistrates. Notwith- 
standing of all these efforts, conventicles 
grew on the prelates' hands, in a proportion 
to their and their underlings being disliked 
for their oppression and severities ; and the 
outed ministers wanted not their sufferings 
this year, which brings me to give some 
taste of their treatment. Upon the last of 
January, the council by their act ordain the 
magistrates of Edinburgh, to execute the 
act and proclamation, dated November 
1664', against the outed ministers; and to 
take special care that none be permitted to 
stay within their liberties, but such as have 
a license from the council, archbishop of St 
Andrews, or bishop of Edinburgh ; and 
requiring them to take special notice, that 
there be no conventicles kept in the city, or 
liberties thereof. The hardships of this 
act have been noticed formerly. 

But to come to particular persons' suffer- 
ings, 1 may well begin with the reverend 
Mr Michael Bruce. This worthy, useful, 
and affectionate preacher, had been some 
years ago forced out of Ireland, where his 
charge and relations were. Being a person 
of great boldness, and much love to souls, 
he adventured to preach to great meetings 
in houses, and sometimes in the fields like- 
wise. He ventured into several places of 
the nation, where few other presbyterian 
ministers had preached to any numbers for 
some years. About the 2d or 3rd of June, 

• Bond by the toivn of Edinburgh, against con- 
venticles, July 29(A, 1668. 
We, Sir Andrew Ramsay of Abbotsball, lord 
provost of the city of Edinburgh, Gporge Reid, 
John Fullarton, James Currie, and John Lyon, 
bailies of the said city, Francis Kinloch dean of 
guild, and Andrew Cheyn treasurer thereof, 
bind and oblige ourselves, conjunctly and seve- 
rally, that, during the time we are in trust 
and office, no person or persons who were in the 
rebellion 1666, or who are forfeited, or declared 
fugitives, shall at any time hereafter be lodged, 
harboured, or reset within the said city of 
Edinburgh, Canongate, Potter-row, Pleasants, 
West-port, or Leith, under the pain of one 
hundred pounds sterling; and that none of the 
said rebels, who hereafter shall be forfeited or 
declared fugitives, shall be harboured, or reset, 
or lodged within these said bounds, after they 
shall be declared fugitive, as said is. under the 
pain of one hundred pounds sterling: also, that 

captain G. Erskine in Stirling; Cas- 
tie, having orders from some coun- 
sellors, apprehends Mr Bruce in his own 
hired house, uot far distant. When, to his 
great surprise, he found the house beset 
with armed men, according to his usual 
courage and briskness, he endeavoured to 
escape; but was sore wounded by the sol- 
diers, and taken, and brought prisoner to 
the Castle of Stirling. No care was taken 
of his wounds, and he lost a vast deal of 
blood. Notice of this prize is sent into 
Edinburgh, and, June 4th, the council have 
this resolve about him. " The lords being 
informed, that Mr Michael Bruce, pretended 
minister, is apprehended, who for these seve- 
ral years bypast, has made it his work to 
abuse people, and in contempt of the laws, 
presumed to keep frequent conventicles, 
preach, baptize, and administrate the sacra- 
ments, without any lawful warrant, and 
made prisoner in Stirling Castle, they order 
him to be kept close prisoner, and no per- 
son have access but physicians and sur- 
geons." Further, they appoint the sheriff 
of Stirling, and one of the justice-deputes, 
to examine him, how it came, when he was 
apprehended by authority, he assaulted, and 

dangerously wounded a soldier of 

the party, employed for that effect, and 

It was the 1 8th of June before Mr Bruce 
was so far recovered, as he could be carried 
into Edinburgh ; and, when put in close 
prison there, the council order, that nobody 

none of the other rebels contained in the procla- 
mation, dated May 9th, 1668, concerning sucli 
as have not accepted his majesty's gracious in- 
demnity, shall be reset as foresaid, under the 
pains of fifty pounds sterling. As likewise, 
that no private meetings or conventicles, under 
pretence of, or for religious worship, shall be 
kept within the said city, or bounds foresaid, 
under the pain of fifty pounds sterling. Which 
penalties we bind anil oblige ourselves, con- 
junctly and severally, to make payment of to 
the commissioners of his majesty's treasury, or 
treasurer-depute, as they shall happen to be for 
the time, to be by them disposed upon as they 
shall think fit; providing that we shall only be 
liable to pay the said penalties, for such deeds of 
controvention as shall be committed during our 
office, for which we shall be pursued, and de- 
creets recovered against us, within year and 
day after the committing the offence. Consent- 
ing, &c. in common Conn. 




..„„ have access to speak with him, 
1068. , . l . 

except in presence of a pnvy coun- 
sellor, or one of the magistrates of Edin- 
burgh. When he was examined in the tol- 
booth, he was most candid and free in his 
confession, refusing to answer nothing put 
to him. From this confession the king's 
advocate forms a libel against him. As soon 
as he was able to come before the council, 
upon July 2d, he appears, and when his libel 
is read, he owned his preaching and baptiz- 
ing- in houses and the fields, and defended 
his practice, as being agreeable to the powers 
he had received from another and higher 
court. The sentence the council pass, is 
as follows. " The council find Mr Michael 
Bruce guilty of sedition, faction, and dis- 
turbance of the peace of this kingdom, and 
contravening the acts of parliament and 
council; and therefore ordain the said Mr 
Michael Bruce to be banished and sent 
away out of his majesty's dominions of 
Scotland, England and Ireland, and to dis- 
charge him to return upon pain of death." 
His bond signed in the council registers is ; 
— " I Mr Michael Bruce bind, oblige, and 
enact myself in the books of privy council, 
that, in obedience to an act and sentence of 
banishment pronounced and given against 
me this day, I shall never return to any of 
his majesty's dominions in Scotland, Eng- 
land or Ireland, under pain of death to be 
inflicted without mercy, in case I shall i 
happen to contravene : consenting thir pre- 
sents be registered in books of council ; and 
constitute Patrick Frazer advocate, my pro- 
curator. In witness whereof, I have sub- 
scribed those presents, in presence of the 
lords of council, at Edinburgh, July 2d, 1GG8. 

" M. Bruce. 

" Rothes, Chanc. 1. P. D." 

When he is about to remove off' the king- 
dom, the 1 1th of July a letter comes from 
the hing to the council, signifying he was 
pleased with their procedure against Mr 
Bruce, and ordered him to be sent prisoner 
by sea to London, w ith the first conveniency: 
and, September 13th, he is ordered to be 
put into a sliip going to London. Whether 
this was owing to an application from the 
bishops in Ireland, \\ In» had a particular 

spite against him, or to some other cause, I 
know not. But when he came up to Lon- 
don, he was immediately sent to the Gate- 
house. After he had remained some time 
there, he was sentenced to go to Tangier in 
Africa. I have no distinct account whether 
he underwent any trial at London, or how 
his sentence came to be altered. It appears 
odd enough to overturn a sentence passed 
by the council of Scotland, or to judge a 
Scotsman, for crimes committed in Scot- 
land, at London, after the affair had been 
judged at home. I hear this good and 
pious man with great difficulty obtained a 
connivance, and retired to Ireland. 

This account hath run out already so far, 
that I must be brief on the sufferings of 
some other of the outed ministers this year. 
Mr Alexander Smith, we heard, was ordered 
to be brought from Zetland last year ; and 
being come to Burntisland, upon the 9th of 
July, the magistrates of Edinburgh are 
ordered by the council, to receive him, and 
commit him close prisoner in the tolbooth. 
What his examination and deportment was 
there, I know not ; but July 23rd, I see him 
ordered to be transported to Orkney, and 
sheriff Blair in Orkney is appointed to 
receive him; and Mr Smith required to 
confine himself to the island of North Ron- 
aldshay. Mr Andrew Morton minister at 
Carmunock was imprisoned about this time ; 
but I shall bring in all his sufferings after- 

The bishop of Murray having sent in an 
information to the council, against Mr 
Thomas Hogg minister at Kiltairn, Mr 

Thomas Urquhart minister at , Mr 

John M'Killigen minister at Alves, for 
preaching at their own houses, and keeping 
conventicles in Murray: the council grant 
commission, July 30th, to the earl of Mur- 
ray and lord Duffus, to apprehend and in- 
carcerate them in Forres, where they con- 
tinued some time, till tlic earl of Tweeddale 

procured an order to Liberate them, upon 
giving bail to appear when called. Some 
of their sufferings will conic in afterwards 

at more length. 

Mr John Wilkie, sometime minister at 
Twynham in the Bouth, bad come into 
Edinburgh for bis health, and was scarce 




able to remove out of it, through age and 
infirmity. Toward the end of July he is 
imprisoned, and from prison first brought 
before a committee of the council, and next 
before the council, July 29th. What pas- 
sed at both 1 thought deserved a room 
in his own plain and homely style, from 
an original, signed by him, in my hand, 
as what will give the reader a native view of 
the methods used with these good men, by 
the managers, and their ingenuous carriage.* 
They confine him to the town of Cupar 

• Mr John Wilkie's examination before the 
council, July 28th, 1668. 
I was interrogated by my lord advocate, 
What is your name, sir? I answered, My lord, 
my name is Mr John Wilkie. Q. Where 
were you minister? A. In the parish of Twy- 
nam, in the presbytery of Kirkcudbright. 
Q. What is your wife's name? A. Anna Rae, 
daughter to Mr Adam Rae, minister at Haly- 
wood. Q. What countrywoman is she? A. 
A Nithsdale woman. Q. How long since you 
came to Edinburgh? A. Two years bygone in 
April. Q. What brought you here? A. To 
consult the doctors anent my health, with 
whom I have deen drogging and dressing ever 
since I came here. Q.. But how could you 
come to Edinburgh, express contrary to the 
law, without liberty obtained ? to which I an- 
swered nothing, but waved the question, and 
cast in another discourse. My lord advocate 
asked me, if I knew who shot the bishop ? I 
answered I knew not, and did presently depone 
upon oath, that I neither shot him, nor knew 
who shot him. He asked me, if I knew any of 
these 'west country rebels, especially major 
Learmont, Barscob, Mardrogate, young Mur- 
rieff, Barmagachan, Mr John Welsh, Cornley. 
I answered, I know them all, for they were my 
old acquaintances. Then he asked, if I had 
seen them since the fight? I answered, I had 
seen them all ; for being my acquaintances, they 
came to visit me on my supposed deathbed. 
He asked, if I knew where Learmont did now 
quarter? A. I knew not at all. Q. Where 
Barmagachan is now ? A. I suppose he be not 
in Scotland. Q. Do you know the proper 
name of one that goes under the name of James 
Small ? A. I am not much acquaint with the 
man ; but seeing your lordship urgeth me, I 
think the business is not tanti as to conceal it, 
for ought I know his name is Mr James 
Mitchell. Q.. Is he a minister? A. I allege 
not. Q. What age is he of? A. I never in- 
quired. Q. What colour of hair hath he ? 
A. It is hard to know, seeing ye all wear 
periwigs. Q. What colour is his periwig ? 
A. I think it may be the colour of that (point- 
ing at Hugh Stevenson's, sub-clerk). Q. Do 
you keep conventicles? A. I am not able, by 
reason of sore and long continued sickness; but 
I use, when I have health, to exercise in my 
own family both Sabbath and week-day. Q. 
What time take you on the Sabbath? A. Be- 
twixt sermons, beginning at half twelve, and 
continuing so long as I am able. Q. Admit 


in Angus, to which he was not able 

i fins 
to travel, and so continued in prison 

some time. I find him, September 13th, 

petitioning the council, that his confinement 

may be altered to Moffat, and ten miles 

about for his health's sake. They grant 

his desire, and confine him as above, under 

the penalty of five hundred merks : and, 

November 12th, when the use of the waters 

at Moffat are over, his confinement is altered 

from that to Musselburgh. 

Upon information given to the council 

you any to your family-exercise? A. I invite 
none, I debar none. Q. It seems you are clear 
to admit any that come? A. Yes, my lord, you 
should be welcome, and the archbishop of St. 
Andrews should not be debarred. Q. Good- 
sooth, Mr Wilkie, you would go four miles 
about, in that case, to visit a friend. A. No, 
my lord, I would find him -within less than 
half a mile. Your lordship remembers of a 
story betwixt my lord Scone, and an honest old 
minister, who alleged that in every text he found 
my lord Scone. Upon this I fell a little faint 
and weary with standing, and they caused set 
in a seat to me, where I sat and discoursed with 
them as follows : Q. What I heard concerning 
him that shot the bishop ? A. My lord, for me 
to bring what clatters I hear before this honour- 
able court, were not fair, neither can they bear 
any weight in judgment. Q.. But, Mr Wilkie, 
tell us what you hear? A. My lord, seeing 
you urge me, I will tell you what I hear. 
1. Some think it to be a Jesuitical prank. 2. 
Some think it to be out of private revenge, a 
gentleman in Orkney being wronged by his 
bishop. 3. Some say that it is some of the west 
country men. 4. Some allege that it is done by 
some of their own emissaries. The advocate 
being astonished, began to fain himself; Could 
any of themselves attempt the like against them- 
selves ? A. These who are of that judgment 
think that it is done to obstruct a greater good 
intended. The provost of Edinburgh, (I knew 
him not then) till I asked him if he was provost 
of Edinburgh, which he answered he was for 
want of a better, desired my lord advocate to 
urge me in that, What I meant by the obstruct- 
ing of a better work? A. Your lordship, who 
sits upon these cabinet councils, knows better 
than I do. Q. But, Mr John, I pray you 
be free, and tell what it is? A. My lord, frae 
you will have me to tell you it, there were, and 
yet are great rumours that we who are old 
ministers should all have our mouths opened, 
and liberty to preach where we get a call. To 
which there was not one word replied. My 
lord advocate urged me again that I should admit 
none to my family-exercise, but the members of 
the family. To which I answered as formerly, 
That I invited none, and I would debar none, 
using an argument ad hominem : my lord, would 
you think it fair, if your lordship, being of 
my acquaintance, came to make a visit at the 
nick of time of family-worship, if my servant 
should keep you at the door, saying, My lord, 
you must not come here, we are at the worship 




against Mr Donald Cargill, I find, 
November 23d, the following' act 
against him : — " Whereas Mr Donald Car- 
gil was confined benorth Tay, October 1st, 

of God; surely, my lord, yon would not take 
it well: and more, my lord, I am still bound to 
preach when called, and able for that work, 
under the hazard of that, Wo is unto me, if I 
preach not the gospel. Then my lord advocate 
urged me, In what families I used to exercise? 
1 answered, My long and sore sickness made 
me incapable of going abroad ; and, to the best 
of my knowledge, since October last, I supped 
not save twice out of mine own house, where 
indeed I made the fashion of family- exercise. 
Q. What were these two houses? A. My lord, 
it were both impertinent and imprudent in me 
to tell this honourable court, who invites me to 
dine or sup with them; and so your lordship 
must pardon me, for I cannot in discretion tell : 
but if your lordship should urge me to tell, you 
will not gain anything; for I know no law as 
yet discharging the service of the living God. 
The advocate answered, You need not tell us 
that, for we know it is true. The business 
coming to this close, the advocate desired me to 
have my surety ready against ten o'clock to- 
morrow, to find bonds to present myself before 
the council, when called, because 1 was a sick 
man, and not fit for the prison ; and so I took 
my leave. My lord advocate requested the 
good-man of the tolbooth to grant me a chamber 
in his house; but he said his house was all 
taken up, so I was carried back to prison. 
July 29th, I was arraigned before the secret 
council, and made to stand without the bar at a 
great distance, where (by reason of my shortness 
of sight) I could not well discern any of their 
faces so as to know them. At the first my lord 
chancellor charged me with laughing. 1 an- 
swered, My lord, I marvel your honour should 
charge me with laughing ; for 1 am even now 
as sick as I am able to stand on my feet. After 
this, he makes an historical narration of what 
had passed betwixt the committee and me ; 
that I had confessed my coming to Edinburgh 
contrary to the law; that I had conversed 
with these west country rebels; that I exer- 
cised in my family, and admitted all that 
came. I granted all that to be true, and that 
I had satisfied the committee, in reason, as to 
every particular. Chanc. But, Mr Wilkie, you 
stick at one particular, you will not declare 
what these two families were wherein you 
supped? A. My lord, I think it not prudent 
to tell. Chanc. What, Sir, are you beginning 
to teach the council prudence? A. No, my 
lord, I am only studying how to carry prudently 
before the council. Chanc. Rut, Sir, you must 
tell what these two families are? A. I cannot 
for shame tell; would your lordship, being of 
my acquaintance, think it fair play, if your 
honour had invited me to dine with you yester- 
day, that I should come in and tell his majesty's 
secret council the morn. Chanc. Nay, Mr 
Wilkie, you mistake the business, it "is not 
where you have dined or supped, hut what you 
•lid there as to the point of exercise ? A. My 
lord, I entreat forbearance in that point for your 

lordship will find nothing in it. Chanc. Nay, 
but you must dec hue it, and that upon oath. 


1662, and that under the pain of sedition; 
and yet he hath repaired to the city of 
Edinburgh, and other places at his pleasure, 
in high and proud contempt of authority 

A. Lest your lordship think that there is some 
mystery in the matter, I will declare, and you 
shall gain nothing. Chanc. Clerk, go to the 
bar, and administer the oath. The oath being 
administered, the chancellor began to exhort me 
to remember I was upon my oath. I told his 
lordship I did remember very well, and I should 
swear nothing but the truth. Chanc. What 
were these two houses ? A. One of them is a 
friend called John Gibson, with whom I supped 
not long since. Chanc. What did you there? 
A. 1 took my supper, blessed the table, gave 
thanks, sang, read, noted, and prayed. Chanc. 
Who was there present ? A. Not one soul sri ve 
the members of the family. Cha7ic. What was 
the other family ? A. My lord, you will gain as 
little of it, and therefore forbear. Chanc. But 
you must tell, you are now upon oath. A. It 
was, my lord, Sabbath last, in one Mrs George's 
house, who hath some relations of mine breeding 
at school. Chanc. What did you there ? A. I 
took my supper as I could, gave thanks, sang, 
read, and essayed to note, but fell sick, and so 
was forced to cut short. Chanc. Who was 
there? A. If there was any there but the 
family, is more than I know ; for I was never 
there before, and was never there since. Chanc. 
But what number would have been there ? A. 
I think there would have been about eight or 
nine persons. Upon this I grew weary with 
standing, and told my lord chancellor that I 
was very sick, and requested the honourable 
council that I might be quickly despatched ; 
which was yielded to at the first, and I was 
removed to an outer room. Having passed an 
interlocutor upon me, I am called in ; and, after 
recapitulation of all my alleged crimes, together 
with a harangue of the councils clemency and 
gentleness towards me, notwithstanding of my 
great offence, I am sentenced to confine myself 
to Cupar of Angus, within ten days after my 
liberation out of prison. The sentence is read, 
and I presently commanded to subscribe. 1 
answered, Mylord, no man isbound tosubscribe 
to impossibilities; for where Cupar of Angus 
is I know not ; but well I know that this last 
summer I rode to Moffat-well, with no less 
than the hazard of my life ; and for the present 
I am neither able to sit on horse, or walk on 
foot. Chanc. Sir, I perceive you love to live in 
Edinburgh. A. My lord, your honour is quite 
mistaken, it is all one to me where I live, 
whether in prison or at liberty ; for at liberty I 
am sick, and in prison I will be but sick. 
Chanc. Mr Wilkie, your business stands at 
this, you will not engage to forbear preaching. 
A. My lord, offer nothing to me that maj lay 
the least tash upon my ministij ; for do with 
me what you please, in the strength of the Lord 
I will never yield . I satisfied the committee 
yesterday in that ; but, my lord, 1 have some- 
what that supports me, that every one knows 
not. "Herein do I exercise myself, always to 
have a conscience void of offence both towards 
God, and also towards man." So taking my 
leave of the council, refusing to subscribe my 
sentence I am committed again to prison, 




ordains the said Donald Cargill, by open 
proclamation at the cross of Edinburgh and 
Forfar, to be cited to appear before the 
council the 1 1th of January next, otherwise 
he shall be denounced simpliciter." I bave 
reason to think this was an information 
purely from rnalice. He is not charged 
with preaching - , but only with coming- to 
Edinburgh, and other places, after a con- 
finement more than six years ago, and many 
acts of grace and indemnity. When he 
appears, next January, before the council, 
and is heard iu his own vindication, he is 
dismissed, and only appointed to bide in 
his confinement. 

Notwithstanding of these hardships upon 
presbyterian ministers in Scotland, the king 
this year allowed some breathing to the 
nonconformists in England. I am told he 
did Mr Bates, Mr Baxter, aud some other 
presbyterian ministers there, the honour of 
allowing them to wait upon him ; and sig- 
nified to them, that he knew of their meet- 
ings, which were not according to law, and 
designed to allow them more liberty ,provided 
they carried peaceably. It is said, he was 
pleased to add, " That he had been too 
long a king of a party, and now he resolved 
to be king of all his subjects." Several 
meeting-houses were about this time built 
at London. Yea, in June or July this year, 
the earl of Tweeddale called for some of 
the presbyterian ministers, who were under 
their hidings, and made proposals to them 
anent some favour and indulgence he hoped 
might be procured for them in Scotland. 

where I am continued for the space of forty 
days. All the premises I assert to be of truth, 
and that nothing (to the best of my memory) 
passed betwixt the committee and me, or the 
honourable council and me, but what is here 
recorded ; as witness my hand, at Moffat, the 
place of my confinement, October 2Sth, 1668. 
John Wilkie. 
Only this passed betwixt the council and me. 
My lord chancellor, when he was speaking to 
ine as to the point of preaching, alleged that 1 
was (for what he saw) clear to preach in a 
kirk. I answered, Why not, my lord, I am 
still a minister, and who has exauctorated me? 
Clianc. Then I see you are clear to preach upon 
a call. A. Yes, my lord, if the call have a 
cleanly rise. Chanc. Mark that, a cleanly rise! 
but what call you a cleanly call for a minister ? 
A. My lord, you know it well enough, why do 
you ask me? Q. I pray you tell us? A. My 
lord, I make the supposition, if your honour 

] 668. 

The news were very welcome, and 
some conversation and proposals 
passed betwixt them on this subject. But 
an unhappy incident stopped all for some 
time, the attempt made by Mr James 
Mitchell upon two of the bishops, July 1 1th 
this year ; which, as it was his personal deed, 
without concert or approbation from presby- 
terians, it opened the door to a severe treat- 
ment of some very worthy persons not at 
all concerned in it. I shall give a deduction 
of it from what I find in the council records, 
and other papers of this time, and some 
other notices anent it will offer themselves 
when he is taken, and his process comes to 
be accounted for ten years after this. 

Mr James Mitchell was a preacher of 
the gospel, and a youth of much zeal and 
piety; but perhaps had not these oppor- 
tunities for learning and conversation, 
which would have been useful to him. I 
find Mr Trail, minister at Edinburgh, in 
the year 1661, recommending him to some 
ministers in Galloway, as a good youth, 
that had not much to subsist upon, and as 
fit for a school, or teaching- gentlemen's 
children. He was at Pentland, and is 
excepted from the indemnity, and in all the 
three lists we have seen above. From what 
motives I say not, he takes on a resolution 
to kill the archbishop of St Andrews : and, 
upon the 11th of July, he waits the bishop 
coming down in the afternoon to his coach, 
at the head of the Blackfriar Wynd in 
Edinburgh ; and with him was Mr Honey- 
man bishop of Orkney. When the arch- 

invited me to preach in one of your kirks, I 
being able and qualified for the work, how durst 
I in conscience refuse, under the pain of that 
wo, " Wo is unto me if I preach not the Gos- 
pel ! ' What then should hinder me to preach in 
a kirk? Nay, more, my lord, I was this summer 
at Moffat- well, and the chield that is there is 
run away from them for debt (as I hear), and 
the place in a manner vacant, if these in power 
in that place, had had courage to have given me 
a call, I would have taken my venture to have 
preached. To which there was not one word 
replied. I testify this also to be of truth ; as 
witness my hand, day, year, and place foresaid. 
John Wilkie. 
When I took my leave of the committee, 1 
entered this protestation, that no man should 
follow my footsteps ; for I had laid a bad pre- 
parative in answering to questions, whereas I 
should have had an indictment, and time com- 
petent to have answered the same. 




bishop had entered the coach, and 
taken his seat, Mr Mitchell steps 
straight to the north side of the coach, and 
discharges a loaden pistol in at the door of 
the coach. The moment the pistol is dis- 
charged, Honeyman sets his foot in the 
boot of the coach, and when reaching uj> 
his hand to step in, received the shot, 
designed for Mr Sharp, in the wrist, and 
so the primate escaped at this time.* Upon 
this Mr Mitchell crossed the street with 
much composure, till he comes to Niddry's 
Wynd head, where a man offers to stop 
him, and he presented a pistol to him, upon 
which the other let him go. He stepped 
down the wynd, and going up Steven Law's 
Close, went into a house, and changed his 
clothes, and came straight confidently to 
the street, as being the place where indeed 
he would be least suspected. The cry 
arose, a man was killed ; and some rogues 
answered, it was but a bishop, and all was 
calmed very soon. The two bishops made 
all the haste they could to the house where 
they had been. 

Upon Monday, July, 13th, the council 
met upon this affair, and issue out a pro- 
clamation which is printed, " Anent the 
villanous attempt upon the bishops of 
St Andrews and Orkney, upon the 11th 
instant." Five thousand merks are offered 
to the discoverer, and pardon to accessories. 
They write likewise a letter to the king, 
acrpiainting him with this matter, and their 
account is as follows: — " Saturday last in 

* Honeyman, like Sharp, had been originally 
a very violent presbyterian, but like him, had, for 
thp sake of preferment, violated his conscience, 
and was a cruel persecutor of all who refused to 
follow his example. The above accident, how- 
ever, was fatal to him; the wound could never 
be healed, and in a few years after was tfie cause 
of his death. Sharp, though he thus escaped at 
the time, was greatly alarmed, atid probably 
lived ever after this in daily and nightly terror. 
Bishop Burnet, who, though lie hated the man, 
had some respect for the archbishop, and called 
on him tor the purpose of congratulating him on 
bis escape, informs us, that '• he was much 
touched with it, and put on a show of devotion 
upon it. He said, with a very Berious look, - My 
times arc wholly in thy hand, () thou God of my 
life !' " This," he adds, " w;is the single ex- 
pression savouring of piety that ever fill from 

him iii all the conversations that passed between 
him and me." — Burnet's History of bis Own 
Times, vol. i. p. 108. — Ed, 

the evening, as the archbishop of St An- 
drews and the bishop of Orkney were going 
abroad, the archbishop being in his coach, 
and the other stepping up, a wicked fellow 
standing behind the coach, did shoot the 
bishop of Orkney beneath his right hand, 
broke his left arm, a little above the wrist, 
with five balls, and immediately crossing the 
street, went down a lane, and escaped; there 
being no person near at the time, but those 
who were so taken up about the bishop of 
Orkney, that they could not observe the 
person, or whither he went. That night all 
possible search was made in and about the 
town, and this day a proclamation is issued 
out, sent herewith." Further, that same 
day the magistrates of Edinburgh are ordered 
to search the town and suburbs for all 
persons in the late rebellion, or who cannot 
give an account of themselves ; and to shut 
all the ports of the town, except the Nether- 
bow, where one of the bailies is to stand, 
and let out none but whom he knows ; and 
an hundred soldiers are ordered to assist the 
magistrates. A very narrow search was 
made for the aggressor upon the bishops, 
and it was a wonder great numbers were 
not seized. 

The town being the place of greatest resort, 
and where people could lurk best, was at 
present fidl of Whigs and such who had 
been concerned in Pentland, and many of 
them escaped very narrowly. One instance 
I cannot but give of Maxwell of Monrief, 
excepted, as we have seen, out of the indem- 
nity, and a gentleman of one of the best 
estates of that party not already forfeited. 
He had no place in town he could flee to, 
but came in to Moffat his stabler' s house, 
and begged his landlord to hide him. Moffat 
told him very coldly, he had no place to put 
him in, and very indifferently pointed to a 
large empty meal tub, standing in a public 
drinking room, adding ifhe pleased, he should 
cover him with it. No other present shift. 
offering, it was dune; and, in a few minutes, 
the constable and his men came in to search 
the bouse, and were soon satistied, expect- 
ing no prey there. They sat down in that 

very room with the meal barrel at the <''id nl 

their table, and called for some ale. While 

sitting they fell a talking of the unraooess- 

CHAP. II1.1 



fulness of their search. One of them says, 
I am sure there are many Whigs in town : 
another of them rapped violently on the 
head of the tub under which Monrief was, 
swearing', It may be there is one under that; 
and so it passed as a jest, and they were 
permitted to do no more. Quickly they 
left the room, and fall to their work in other 
houses, and the gentleman came out, having 
tasted of the bitterness of death almost. 

Mr Mitchell passes at this time undis- 
covered, till some years after, when we shall 
meet Avith him again. His attempt was 
known to nobody but himself. People 
could not but observe the righteousness of 
Providence in disabling bishop Honeyman's 
hand, which was noways designed by Mr 
Mitchell. It was well remembered that 
Mr Andrew Honeyman, in the years 1660 
and 1661, set up most zealously for presby- 
terian government ; and being a man of good 
parts, was employed by the presbytery of 
St Andrews, to draw up a testimony for 
presbyterian government, when it was about 
to be overturned. The draught was ex- 
tremely liked by Mr Robert Douglas, Mr 
George Hutchison, and others, to whom it 
was communicated. He professed to be 
zealous against prelacy, to a very great 
height; and, in his sermons, preached with 
a great deal of warmth against the intro- 
ducing of bishops. I am told in the abun- 
dance of his zeal, one day, he had this 
expression to his hearers, " That if ever he 
spoke or acted contrary to what he now 
taught them, he should be content to be 
reckoned a man of a prostitute conscience." 
He met with his bodings, and indeed was 
accounted of according to his own rule. 
Mi* Sharp debauched him with the tempta- 
tion of a bishopric; and he was the first, 
and almost the only man of them, who 
drew his pen in the vindication of the 
present constitution in the church ; and peo- 
ple could not but remark, that that person, 
who wrote against the truth he once so 
vehemently espoused, had a mark set upon 
him instead of his debaucher, and without 
any design in the actor. It was loudly 
talked, that some years after this, he met 
with yet harsher treatment, from a more 
dreadful quarter, when he died at his house 

in Orkney. But this unhappy affair 
brought several persons to a great 
deal of trouble, and was most unjustly 
charged upon the body of presbyterians. 
It gave a loose to the cruelty of the bishops, 
and the advocate. It must be owned, they 
had a very considerable provocation given 
to their passions; and at this rate nobody 
can be safe: but then the measures they 
took were hard, and mixed with a disingen- 
uous cunning, unworthy of judges. 

A few days after this attempt upon the 
bishops, an occasion of much trouble to 
three good people falls out; which was this. 
A scuffle falls in between a servant-woman 
of no good fame, and her mistress, wife to 
Robert Gray, merchant in Edinburgh. The 
servant, to be completely revenged upon her 
mistress, quits her service, and goes straight 
to bishop Sharp, and assures him she can 
give account of several houses where the 
Whigs used to haunt, and make some dis- 
coveries anent the person who made the 
late attempt upon him. The bishop made 
her very welcome, gave her money in 
abundance, and provided for her security. 
It was said the primate gave likewise very 
liberally to the advocate Sir John Nisbet, 
that he might be hearty in the pursuit; and 
it is certain Sir John showed an extraor- 
dinary eagerness in this matter, to that 
pitch, that his friend Sir Archibald Primrose 
roundly told him, " He would not give over 
till he brought the fury of the enraged 
people on himself instead of the bishops." 
Robert Gray is brought before a committee 
of council, on this information, and strictly 
examined, Whether any Whigs used (to 
lodge) in his house ? Mr Gray suspecting 
the spring of their information, and knowing 
there would be proofs of it, acknowledged, 
That upon such a day, his cousin major 
Learmont, one Welsh, and Mrs Duncan a 
minister's widow, had dined with him. So 
much he conjectured his servant had told 
them. He was further interrogated, Whe- 
ther he knew of the assassin of the bishops? 
This he peremptorily denied. The advocate 
urged him to swear upon his declaration. 
This he flatly refused, as contrary to all 
reason and law, that a person should swear 
in such a case as this. When the king's 





advocate finds him positive, he 
steps forward to him; and, after 
some pretended frankness and familiarity 
in further dealing with him, he takes his 
ring from off his hand, telling him he had 
use for it ; and, within a little, sends it with 
a messenger of his own to Mrs Gray, 
ordering the hearer to acquaint her, that 
her husband had discovered all he knew 
as to the Whigs, and the ring was sent 
her as a token that she might do the 
same; and so she is brought before the 
committee. Upon this the poor woman 
discovers more than her husband had done, 
and acquaints them with some houses where 
the suffering people used to haunt; parti- 
cularly Mrs Kello, a rich widow, where Mr 
John Welsh sometimes lodged and preach- 
ed ; the foresaid Mrs Duncan, and John 
Crawford messenger, who had notice given 
him, and got off. But his wife, and the 
other two were presently seized, and put 
in prison. When Mr Gray got notice how 
his wife had been abused with his ring, and 
what followed thereupon, he took it most 
heavily, sickened, and in a few days died, 
leaving his death upon this way of treating 

July 22d, I find Anna Kerr, relict of Mr 
James Duncan, before the council. She is 
interrogated upon her knowledge, Who 
were the actors in the late attempt upon 
the two bishops, and her harbouring and 
converse with rebels? Mrs Duncan 
refused to answer upon oath, declared she 
knew not the assassins, and would not 
accuse herself. The council give her assur- 
ances, that whatever she declared there- 
anent, shall never be used against her, either 
in judgment, or outwith the same; and they 
promise to indemnify her for any accession 
she had to the said attempt, or harbour- 
ing any of the rebels, providing she declare 
ingenuously, and discover upon oath what 
she knows. She continued fixed that 
she would not give her oath. The lords 
caused bring j n the boots before her, and 
gave her to five of the clock to think upon 
It, assuring her, if she would not give her 
oath in the premises, she was to he tortur- 
ed. In the afternoon, Was Duncan con- 
tinued firm to her purpose, and had cer- 

tainly been put to torture, had not Rothes 
interposed, and told the council, " It 
was not proper for gentlewomen to wear 

Upon the 29th of July, Margaret Dury 
relict of Mr James Kello merchant in 
Edinburgh is before the council, and refus- 
ing to give oath, as above, is fined in five 
thousand merks, and banished to the plan- 
tations. Mrs Duncan had nothing, and so 
escaped the fine ; but, the same day, is like- 
wise banished to the plantations: and to- 
morrow, Janet Chalmers, spouse to John 
Crawford messenger, upon her refusal as 
above, is likewise banished with the other 
two. They lay in prison a long time : Mrs 
Duncan, with two young infants, continued 
there five or six months: Mrs Kello, having 
confessed Mr Welsh had preached in her 
house, was fined as above, and continued in 
prison a long time ; and it was with no small 
difficulty they were at length liberated, after 
Mis Kello had paid much of her fine. 

Another act of cruelty following upon 
this attempt, was the occasion of the death 
of that good man Mr James Gil on minister 
at Cavers, whose blood is justly chargeable 
on the authors of this harsh treatment. 
Mr Gilon being turned out of his church at 
the entry of prelacy, had now for some time 
lurked at Edinburgh, and being tender, he 
had gone out to Currie, within a few miles 
of the town for the recovery of his health. 
A party of soldiers went out, and, upon 
pretext of searching for the aggressors upon 
the bishops, seized him, and made him run 
almost all the way before them, for four 
miles, to the West-port of Edinburgh, in the 
middle of the night. When thus driven, 
literally like a sheep to the slaughter, he 
was made to stand some hours before the 
port could be opened. To-morrow when 
he was brought before the council, he was 
known, and dismissed to his chamber : but 
this barbarous usage disordered him so much, 
that he sickened, and being indisposed be- 
fore, died within forty-eight hours. 

In July and August, the council are 
much taken up about the militia, who are 
modelled and raised through the whole 
kingdom. This was alleged to be necessarv 
because there was no Btanding annv. albeit 




we Mere at this time iu peace with all our 
neighbours. Agreeably to the scheme in the 
acts of parliament, two and twenty thousand 
horse and foot were modelled in the several 
shires: but so jealous were the managers of 
the west country, that they allowed no 
foot to be armed in the five western shires. 
This unnecessary raising of the militia, was 
a very heavy tax upon many of the smaller 
heritors. Such a proportion of land was 
burdened with the putting out of a horse 
and a man at the muster, and the laird 
or lord, who did no more but send his 
groom and his horse the day of muster, 
escaped free. Yea, the smaller heritors 
Avere taxed to maintain the laird's horse, as 
if he had been appropriated to the service, 
and he paid not a farthing. 

What was the occasion of the alarm, 1 
cannot tell; but, upon August 12th, I find 
what follows in the council registers. " The 
council understanding, that some of the 
late rebels are drawing together, of intention 
to disturb and embroil the peace, grant 
power to the earl of Linlithgow to draw the 
forces together, and dissipate them, and 
order all where he comes to assist him." 
Whether this was made a project to favour 
the raising of money for the militia, or to 
pave the way for more standing troops, I 
cannot say ; but I can find nothing like any 
stir among the presbyterians at this time. 
However, lieutenant Mungo Murray is 
ordered, September 3d, to search with 
sixty horse, in the heads of Kyle and 
Nithsdale, and apprehend any of the rebels 
rising in arms. Another party, under Wil- 
liam Cockburn, is sent to search in the 
Glenkenns in Galloway. 

Perhaps it was in one of the searches 
about this time, that Robert Cannon of 
Mandrogate younger, was taken, or probably 
put himself in the road of being taken ; for 
he turned informer, and a bitter persecutor. 
The reader hath him in all the exceptions 
from Pentland indemnity ; and the first 
notice I find taken of him, is in a letter from 
Lauderdale to the council, dated October 
8th, wherein he orders him to be examined 
anent the rebellion 1666, and the advocate 
accordingly converses with him : and, in 
November, the council order Sir James 

Turner, Chalmers of Waterside, and 
Mandrogate elder, to come in to 
Edinburgh, to be witnesses against him, 
and signify to the secretary, they expect 
important discoveries from his trial. But 
afterwards they write, they have got nothing 
of importance from him. I believe he was 
gained to the bishops' lure, and afterwards 
we shall find him acting a very ill part in 
the south. 

This summer and harvest, I remark all the 
king's letters to his council, upon whatsoever 
occasion, ahnost conclude with recommen- 
dations of the lords of the clergy, to their 
care, and the orthodox ministers up and 
down the kingdom, and carefully to inquire 
into any affronts and violences offered to 
them. I know no occasions for these, but 
Mr Mitchell's attempt, and the accounts 
which come in before the council, of a riot 
committed upon Mr James Brown minister 
at Calder. The circumstances and nature 
of it I have no accounts of; only, July 30th, 
the council order the advocate to process 
some persons before the justices, for the 
attempt on the minister of Calder. There 
is little more considerable this year, unless 
it be the continued ill treatment of those 
west country gentlemen confined in the 
1665, and by the high commission, which as 
far as I have noticed, I shall give altogether, 
and end this Chapter with it. 

Upon January 9th, the council change 
Cuninghamhead's imprisonment from the 
Castle of Stirling to that of Edinburgh 
because of his business with lawyers here. 
Upon the 3d of March, he and the laird of 
Rowallan, who, it seems, had the same 
favour, are ordered to re-enter the Castle of 
Stirling. Upon the 4th of August, Sir 
James Stuart is ordered to be made close 
prisoner in Dundee ; and Sir John Chiesly is 
sent with a guard to be made close prisoner 
in the toolbooth of St Johnston (Perth). 
The same day the council send their orders 
to the captain of the castle of Stirling to 
put Cuninghamhead and Rowallan in dis- 
tinct rooms, close prisoners : and Sir George 
Maxwell is ordered in eight days to enter 
himself prisoner in the tolbooth of Kirkaldy, 
under the pains of five hundred pounds 
sterling ; and, upon the 5th of August, his 




prison is again altered to the Castle 
of Stirling. And John Porterfield 
of Duchal younger, whom we shall again 
meet with, gives in a petition, July 2d, to 
the council, signifying, " that whereas he 
hath been under confinement, by the order 
of the commission for church affairs, these 
several years past, at Elgin of Murray, and 
punctually kept his confinement, and the 
lords of council have allowed him to come 
to Edinburgh about his affairs; he humbly 
begs that his constraint may be taken off, 
and his bonds for keeping his confinement, 
be given up by the clerk." The lords grant 
his petition, upon his finding caution, under 
the pain of five hundred pounds sterling, 
to appear before the council, within four 
days after he is called. 


YEAR 1669. 

irro ^ s f° r sorae years bygone, the in- 
terests of prelacy have been upon 
the decline; so ever since Pentlaud, the 
interests of presbytery have been gaining 
ground in Scotland. This is not the first, 
and will not be the last instance of the truth 
of the primitive Christian observation and 
experience, " that the blood of the saints is 
the seed of the church:" the church's 
winters of persecution, never want their 
succeedings springs and harvest, in less or 
more. Accordingly, this year, presbyterians 
had a sort of reviving, and began to gather a 
little strength. The military discipline for 
their conversion, was now at an end for 
some time; Mr Sharp's cloud at court con- 
tinued; the constancy and cheerfulness of 
the persecuted party was convincing; con- 
venticles increased, and the curates' churches 
grew thinner. Yet the prelates continue to 
go as great a length as they may against 
presbyterians. The persecution for Pent- 
land is not wholly over; the confinemenj <»t 

several gentlemen is protracted, and conven- 
ticles are strictly punished : but the fruit- 
lessness of these persecutions at length 

brings on an indulgence ; and to soften the 
bishops a little, new laws are made in their 
favour by the parliament, which sits in the 
end of this year. These things Mill afford 
matter for the following sections. 

Of the circumstances of presbyterians, and 
procedure against conventicles, preceding 
the indulgence this year. 

When the bishops want the army to hunt 
down the presbyterians, they improve the 
expressions in the king's letters, of " en- 
couraging the lords of the clergy and ortho- 
dox ministers;" and daily importune the 
council to harass and call before them such 
presbyterian ministers as preached at this 
time, and to inflict the pains of sedition in 
the terms of the acts of parliament and 
council. Some were attacked in the north 
last year, where there were but a few, and 
the more easily discovered and catched ; 
and this year the same work is violently 
prosecuted in other parts of the kingdom, 
especially in the west, where conventicles 
were sensibly growing. I shall then, in 
this section, take a view of the persecution 
of presbyterians for conventicle-keeping 
through this year. March 2d, I find an act 
of council fining the town of Edinburgh for 
a conventicle held there, in prosecution of 
the project formerly spoken of, fallen upon 
to prevent conventicles in burghs. It is but 
short, and I insert it here. " The lords of bis 
majesty's privy council being informed, that 
on Sunday the last of February, there was a 
conventicle kept within the city of Edin- 
burgh, in the house of relict of the 

deceased Paton; and Mr David Hun t , 

late minister of Coldingham, took upon him 
to preach: and whereas, July 89th, 1668, 
the magistrates of Edinburgh gave bond to 
pay fifty pounds Sterling tor ilk conventicle 

that should happen within their city, to the 
treasury, having relief off the guilty persons, 

the council decern Sir Andrew Ramsay, and 

the rest of the magistrates to pay the said 
sum, and grant them power to make open 
doors, and apprehend persons guilty, for 
their ov a relief." This is<7</ terrorcm, and to 




frig-lit other towns and the country. The 
town of Edinburgh is under the eye of the 
managers ; and, to carry on the same work, 
the soldiers are parcelled out to other places. 
The same day some are sent to quarter at 
Glasgow, and some smaller parties to New- 
mills, Mauchlin, and Kilmarnock, in the shire 
of Ayr, and a party is ordered to the town 
of Inverness, to keep the preshyterians there 
and in Murray, in awe. 

But because conventicles sometimes were 
dismissed before they could be reached, and 
the parents of children who were baptized 
at them, were more easily informed against 
by the curates in each parish, and came soon 
to be known, a new act of council is con- 
trived, to be a foundation of their persecu- 
tion. A committee of council the arch- 
bishops of St Andrews and Glasgow, duke 
Hamilton, earls of Dumfries, Annandale, 
Tweeddale, and Kircardine, lords Drumla- 
nerk, and Cochran, the president, register, 
advocate, and justice-clerk, with the laird 
of Lee, meet February 18th, to consider the 
acts of parliaments and council against con- 
venticles, withdrawers from their parish- 
kirks, clandestine marriages and baptisms, 
and to consider what may be done for re- 
straining them. This committee issues in 
an act of council, March 4th, the tenor 
whereof follows. " The privy council consid- 
ering what a scandal it is to the protestant 
religion, and how much to the increase of 
popery, schism, and profaneness, that per- 
sons should withdraw from ordinances and 
sacraments and baptize their children by 
persons not authorized by the church ; do 
therefore prohibit and discharge all persons 
whatsomever, to baptize their children by 
any other, but such as are their own parish- 
ministers, or such ministers as are estab- 
lished by the present government of the 
church ; and declare, that the father of any 
child otherwise baptized, shall incur the 
pains and penalties following : every heritor 
a fourth part of his yearly valued rent ; 
each tenant a hundred pounds Scots, and six 
weeks' imprisonment; each cotter twenty 
pounds, and six weeks imprisonment ; and 
recommend it to the sheriffs, bailies of regal- 
ities, and other judges, to put this act in 
execution." Where the scandal upon the 


protestant religion lies, in children's 
being baptized by persons not au- 
thorized by a prelatical church, does not 
appear to me. That popery is increased 
and strengthened, by narrowing the church 
to such as will subject to diocesan bishops, 
is very evident from the nature of the thing, 
and our constant experience in Scotland. 
Popery hath still been upon the increase, 
and profaneness too, under prelacy and per- 
secution : and the presbyteriaus have had 
always ground to charge the espousers of 
prelacy as separatists and makers of a schism 
from our reformation from popery by pres- 
byters, and our first establishment according 
to the scriptural institution. How far it is 
a profanation of the holy sacrament of bap- 
tism, under such penalties to tie down its 
administration to the officers of a church 
declared to depend upon the king's will and 
pleasure, and its government to be ambula- 
tory and alterable, as he sees fit, I shall 
leave to others to consider. As it is plainly 
contrary to the Christian liberty of the sub- 
ject, thus in their religious rights to be 
bound up to the will of the sovereign ; so to 
me this seems to be an irreligious prostitu- 
tion of the holy sacrament, as an occasion 
of persecution of tender consciences, and 
what too much agrees with the knitting of 
the other sacrament of the supper, to civil 
and military offices, for which all the reform- 
ed churches are so much reproached by 
the papists, though two of them are only 
chargeable with this : yea, the restricting of 
the administration of baptism to a particular 
set of ministers, in order to be a pretext and 
cloak for harassing and violenting (forcing) 
the consciences of such who could not join 
with them, seems to contain something yet 
worse, if possible ; at least this practice casts 
no small stain upon its authors, who gene- 
rally speaking, were all baptized by preshy- 
terians. This act is transmitted with letters 
from the council, to the sheriffs of Lanark, 
Renfrew, Ayr, and the steward of Kirkcud- 
bright, ordering them to publish it at the 
market-crosses and parish churches in these 
shires together with the forementioned acts 
of council, December 1662, and October 
1666. And the commissioners of the militia 
are to inform themselves of all conventicles 





and disorderly baptisms, since No- 
vember last, and call before them 
all ministers and hearers ; and as they find 
them guilty, to take bonds from them to 
appear before the council : and such as do 
not compear, or refuse to find caution, they 
are required, by a party of the militia, to 
seize upon their persons ; and this party 
is to be maintained by the delinquents, at 
eighteen shillings Scots per day for each 
horseman, and three shillings sterling- forthe 
officer; and all evidences and witnesses 
against them are to be sent with them into 

Jointly with this, I find, the council send 
instructions to the sheriffs and their deputes 
in the western shires, as to their procedure 
against nonconformists ; and they deserve a 
room here. " March 8th, the instructions 
underwritten for the sheriff-deputes of Ayr 
and Lanark, bailie of Cuningham, and 
steward-depute of Kirkcudbright, were 
agreed to by the council. — Those who are to 
be convened before you, conform to these 
instructions, are to be cited in the ordinary 
May, and upon the ordinary time and num- 
ber of days usual before the sheriff-court ; 
and it is to be adverted, that they be cited 
personally to give their oaths upon the libel, 
with certification pro confcsso. So that if 
they have no other probation by witnesses, 
and if the witnesses be not ready and able 
to prove the libel, it be proven by their 
oaths. — If the defenders appear not, they 
are to be holden as contest, and decreet 
given against them. — If they compear, and 
the libel cannot be proven without delay 
by witnesses, they are to declare upon the 
libel, and according to their declaration the 
judge is to decern. — If they be not ready 
or willing to pay the sums decerned, pre- 
cepts are to be directed against them in the 
ordinary way ; and the same being executed, 
tliey are to be sent to Edinburgh, with the 
executions, that letters of horning may be 
raised thereupon ; and they are to be 
charged and denounced with all expedi- 
tion. — They are to be careful that no 
money be taken from any person for for- 
bearance, and not to proceed against them : 
and if the procurator-fiscal, or officers, or 
messengers, who are to be employed, or any 

others shall be found to take from any per- 
son, upon any such account, they will be 
noticed, and proceeded against, and censured 
as malversant, and unworthy of trust ; and 
they are to advert and inform if any person 
be guilty of such malversation. — The pro- 
cess is to be as summar and short as can 
be, and the dispute and defences (if any be) 
are to be heard and discussed verbo, without 
receiving defences in write ; and the clerk is 
only to minute the defences, if any be pro- 
pounded. — If any persons cited, as said 
is, shall be content to find caution, and 
oblige themselves to frequent and keep the 
churches, and public ordinances, in the 
future, as also that they shall not be present 
at conventicles, in the shire, baronies, or 
stewartry foresaid; you are to accept of 
their said obligement and caution, and pass 
from the pursuit against them." 

The same day, the council order some 
more of the soldiers to the west country, 
doubting, perhaps, the zeal of the militia 
there, for persecuting of their neighbours. 
And James Row merchant in Edinburgh, is 
fined by the council in a hundred pounds 
Scots, for being at the above conventicle in 
Mrs Paton's. George Mossman merchant 
there, is fined in two hundred merks, 
and John Row agent there, in a hundred 
pounds, for the same conventicle ; and certi- 
fied, that if they be found at another, they 
shall be banished. Meanwhile they are 
imprisoned till they pay their fines. 

Jointly with these acts and orders, another 
expedient is fallen upon to bear down 
conventicles, and a great deal was promised 
from it. Collectors of the fines the law had 
appointed for nonconformity, were named 
about this time, in the places where conven- 
ticles most abounded. Mr Nathaniel Fyfe, 
a poor advocate, who wanted employment, . 
and was a relation of one of the bishops, 
had Kyle and Carrick for his district. 
Cuningham was given to the sheriff of 
Nithsdale, brother to the earl of Dumfries, 
who was said to be a great oppressor of the 
poor, and not a whit the more unfit for this 
work in hand. James Dunlop of Honshill, 
a nephew of my lord Cochran's, had Ren- 
frewshire, where, I am informed, he w;<-< 
abundantly easy, being very far from a per- 




secuting temper : yet I find, in May, lie 
hath the thanks of the council" given him 
for his readiness to serve the government. 
Duke Hamilton was allowed to appoint 
whom he pleased for Lanarkshire. The 
earl of Nithsdale, a papist, got Dumfries 
and Galloway, and to be sure he took care 
not to be too severe upon Jesuits and 
trafficking priests. In May I find the coun- 
cil write to him, to take care he employed 
none under him who were not protestants, 
and regret the growth of popery. It is not 
good, however, to give the " wolf the wether 
to keep." These publicans and tax-gather- 
ers, to encourage them to their work, had 
five hundred merks a piece from the coun- 
cil; their reign was but short, unto the first 
of June. They wanted a numerous army 
to back them, and military execution brevi 
manu is not yet allowed ; they must prose- 
cute offenders before the sheriff, in the 
ordinary course of law; and some of the 
sheriffs reckoning these collectors were come 
in upon their field, made the process so 
tedious, that they got not much. This was 
one of the easiest assessments the west 
country had laid upon them. 

The archbishop of Glasgow put the lord 
Cochran to exert himself in a very particular 
way against the presbyterian ministers in his 
diocese : and his suffering the bishop to 
prevail with him to go the lengths he went, 
he having been upon the party who set up 
for moderation, opened people's mouths to 
say many things which need not a room 
here ; that the worthy persons he was now 
harassing, were never so far engaged with 
the usurper, as he and others in the govern- 
ment had been ; that all the evils in that 
time, even sitting in parliaments called by 
Cromwell, voting the tender and extirpation 
of the race of Stuarts, were overlooked : 
but presbytery, and the almost only loyal 
and firm subjects of that time, presbyterian 
ministers, could not be forgiven. My lord, 
as a counsellor, gives warrant to major 
Cockburn, an officer of the guards, to cite 
before a committee of noblemen and gentle- 
men, concerned I suppose, in the militia, at 
Ayr, in the end of March, several ministers, 
whom the bishops alleged, had acted con- 
trary to law and preached and baptized 

irregularly. Their names, at least 
those of them, as we shall hear, 
who appeared before the council, are, 
" Messrs William Fullarton late minister 
at St Quivox, John Spaldin at Dreghoru, 
Alexander Blair at Galston, Hugh Archi- 
bald at Evandale, James Alexander at 
Kilmacomb, Andrew Dalrymple at Auch- 
inleck, John Hutchison at Maybole, James 
Vetch at Mauchlin, Hugh Campbel at 
Riccarton, John Gemble at Symington, 
and John Wallace at Largs." Great was 
the rigour Cockburn used in forcing them 
to compear at Ayr. When he came to some 
of their houses with his men, he was not 
satisfied with the ordinary way of legal 
citation, nor with their promises to obey, 
but compelled them to give bond for com- 
pearing, and meanwhile would not produce 
his warrant for citation, and perhaps could 
not for this part of his treatment. The 
families of others of them he treated most 
rudely, turning them out of doors, and 
obliging them to flit and remove from their 
houses, without any reason given, within 
twenty-four hours, to their great detriment 
and loss. And one of the accounts, from 
which this narration is taken,says, the council 
were so sensible of this, that Mr Vetch 
and Mr Blair were allowed three hundred 
merks each for their losses. 

All the ministers appeared before the 
meeting at Ayr, and answered the interro- 
gatories put to them, with that meekness 
and candour, that most part of the members 
inclined to dismiss them without any further 
trouble : but this did not answer the arch- 
bishop's design, which was to be rid of these 
worthy men; and therefore the lord Coch- 
ran prevailed to get them cited to appear 
before the council next week at Edinburgh. 
They obeyed, and came thither on Saturday, 
April 3rd, and my lord Cochran came upon 
Monday to prosecute them, and it was said, 
when he went to the chancellor, he got 
small thanks for his zeal in this matter, and 
was blamed for surprising the council with 
this process of the ministers. However, 
from their books I find, April 6th, "the 
earl of Kincardine, lord Cochran, and the 
president, are appointed as a committee to 
examine some ministers from the west 





come to town according to their 

bonds given anent keeping con- 
venticles ; and to report." Before this 
committee the ministers appeared, and were 
interrogated separately, whether they had 
preached since they were laid aside by au- 
thority ? This they all frankly acknowledg- 
ed. Next, they were questioned, whether 
they had preached in the fields? This 
none of them had done : and further, 
whether they had admitted any more to 
their exercise but their own families ? 
This they all confessed. Then, they were 
all called in together, and asked, What 
they resolved to do in time to come ? 
They answered, They purposed to demean 
themselves peaceably and soberly, as they 
had hitherto done, and as became ministers 
of the gospel, and to give no just ground of 
offence. The committee required them to 
subscribe their answers ; which they did, and 
Mere dismissed at this time, and ordered 
to appear before the council upon April 
the 8th. 

A time of trouble and suffering is ordin- 
arily a time of jealousy and scruples; and 
so this was. Those ministers were the first 
since Pentland, who in a body had been 
questioned for preaching. It was now be- 
ginning to be too common, though after wards 
this temper ran higher, to censure ministers 
in their appearances, carry as they would. 
And so some were pleased to blame them, 
as too faint in owning their warrant to 
preach the gospel : therefore, and because 
their expression before the committee, of 
" demeaning themselves peaceably and with- 
out offence," was debated as to its import, 
they saw good in the interval, before their 
appearing at the council bar to agree upon 
the heads of a discourse to the lords, 
wherein one, in the name of the rest, should, 
express their sentiments about their minis- 
try, and the necessity of exercising it even 
at this juncture; and it was laid upon Mr 
William Fullarton to deliver the mind of 
tin- rest. Upon the 8th of April they 
were called in before the council. The 
lords, upon their signed confessions, agreed 
upon tin- following act concerning them. 
"The lords of council, by examination of 
the confessions of Mr William Fullarton 

late minister at St Quivox, &c. ut supra, 
find that they have contravened the acts of 
parliament and council anent conventicles, 
and withdrawers from worship, and have 
incurred the penalties therein contained ; 
yet the council on divers considerations, 
being willing to use all means to reclaim 
them from such unruly and undutiful car- 
riage, and to reduce them to a due confor- 
mity to the laws of the kingdom, have 
thought fit to defer pronouncing sentence 
against them, till further consideration ; and 
declare, that if any of the persons above 
mentioned, shall hereafter keep conventicles, 
or withdraw from worship, the council Mill 
not only punish them for their bygone 
transgressions, but also take course to re- 
move them from those places of the country 
where now they reside, and punish them 
conform to law." When they were come 
in, the chancellor told them the council had 
considered their confession before some of 
their number, and the clerk Mas to signify 
the council's pleasure to them, M'ho read 
what is above. Mr William Fullarton then 
begged the liberty to speak ; which being 
alloM'ed,he delivered himself to this purpose, 
as had been concerted. 

" My lord chancellor, 
" We have already ingenuously confessed 
and professed what hath been our carriage, 
in reference to those things laid to our 
charge, and have declared under our hands, 
that as in all our actings, we have carried 
with due respect to authority, as it became 
the ministers of the gospel, so Me resolve to 
continue : and it is no small addition to our 
sufferings, that we should be misrepresented, 
or looked upon by any, 'as justling with 
authority.' Yet considering that it hath 
been in all the ages of the church, the case 
of the Lord's faithful servants, from which 
our Lord himself was not exemed, (exempt- 
ed) to be slandered as no friends to Cesar, 
Me need not think it strange ; for our wit- 
ness is in heaven, and our record is above, 
that as mc desire to give unto God the 
things that are God's, so also unto Cesar 

the things that are Cesar's, there being by 
divine authority an ^dispensability betwixt 

fearing of God ami honouring tin' king, and 




none void of the first, can rightly perform I 
the second. Therefore we judge, the fearers 
of God are the only loyal people in the 
world ; only our loyalty is with subordina- 
tion to our Lord Jesus Christ, who is King 
of kings, and Lord of lords, by whom kings 
reign, and princes decree justice; and under 
him to the king's majesty, and inferior 
magistrates, and in this line of subordination 
we shall deny nothing to the king, that shall 
be demanded, but shall be as ready cheer- 
fully to grant, as any shall be to require it 
of us. And withal, our loyalty is not j 
founded upon extrinsic grounds, or self- 
principles or motives, but allenarly upon the 
basis of conscience, and so not regulate by 
the revolutions of time, but remains still the 
same. Hence it was, that when the royal 
family was in a low condition, we lay in the 
dust, and poured out our supplications to 
God in behalf of the king's majesty, that he 
might be preserved from sin and snares, 
upheld, comforted, and restored to his throne 
and government ; and we looked upon the 
effectuating thereof as the return of our 
prayers, for which we judged ourselves 
obliged to bless the Lord, and promised to 
ourselves, and expected a reviving from our 
bondage, and a share of that calm and 
quietness, that was thereby to redound to a 
poor distracted kingdom. That it is other- 
wise with us we shall adore Sovereignty, 
who has so carved out our lot, although 
the storm should never blow off* our faces 
while we are in time, whereunto with sub- 
mission and patience we ought to stoop. 

" And now seeing we have received our 
ministry from Jesus Christ, and must one 
day give an account to our Master how we 
have performed the same, we dare have no 
hand in the least to uuminister ourselves ; 
yea, the word is like fire in our bosoms 
seeking for a vent. And seeing, under the 
force of a command from authority, we have 
hitherto ceased from the public exercise of 
our ministry, and are wearied with forbear- 
ing ; therefore it is our humble supplication 
to your lordship, that you would deal with 
the king's majesty in our behalf, that at 
least the indulgence granted to others of 
our way within his dominions, may be ex- 
tended to us also Next, that since we are 

troubled by one Mr Nathanael 
Fyfe, intrusted with the execution 
of the laws against such who do not keep 
the church, who is proceeding against us 
upon that account, and being now convened 
before your lordship for the same case upon 
the matter, that he may be inhibited to 
meddle with us. Further, it is our humble 
earnest supplication, that your lordship 
would compassionate the poor afflicted 
people of our country, who are groaning 
and fainting under sad pressures, and the 
way the said Mr Fyfe is taking with them, 
as it is sad, so it is an addition to our 
affliction ; and although they cannot comply 
with the present ecclesiastical government, 
yet they are truly loyal to authority. There- 
fore we request you would do something or 
other for their ease and relief. 

" And your lordships laying out your- 
selves with reference to those things, as it 
will prove acceptable service to God, and 
will be no matter of resentment to you 
when you enter eternity, and stand before 
Christ's tribunal, but on the contrary will 
be matter of your peace and joy ; so also 
it will be for a name of praise and renown 
to you and yours, while you shall be called 
' repairers of breaches :' yea, this will be a 
most effectual mean to secure the peace 
of the country, which we apprehend ye 
mainly study, and will endear the king's 
majesty to his loyal people, and engage all 
of us to pray, that the Lord would establish 
the throne in righteousness, and that the 
king's majesty and posterity may sit there- 
upon while sun and moon endure ; and that 
your lordship may be blessed in the admi- 
nistration of the government intrusted unto 
you; and we shall be more and more obliged 
to remain your lordship's most humble ser- 
vants in our Master Jesus Christ." 

The council house was very throng, and 
Mr Fullarton had a very attentive audience 
all the while he spoke ; and the ministers 
were dismissed, with a charge to live regu- 
larly at their peril. While they are yet in 
the outer chamber, going away, the chancel- 
lor was pleased to come and discourse with 
some of them. He acquainted them, as to 
the first branch of their desire, the council 
could not take it upon them to limit the king : 




and as to Mr Fyfe, they should be 
no more troubled with him, the 
council having' already written letters to that 
effect: but as to the third, he wondered 
how they could call the people of their 
country loyal, when some within these few 
days, brought in by major Cockburn from 
Fenwick, adhered to their being- at Pentland, 
and their taking the covenant at Lanark. 
Mr Fullarton answered, " As to any persons 
who do any thing tending to rebellion, or in 
prejudice of authority, as it is exercised in 
the line of subordination to our Lord Jesus 
Christ, Ave disown them." Mr Fullarton 
designed this as a waving of this matter, as 
I suppose : if he was of opinion, that the 
rising at Pentland contained any thing con- 
trary to authority, as subordinate to Christ, 
he Mas alone, and no presbyterians I know 
of, thought so. Thus the ministers got safe 
home and preached in their own houses, as 
they had done ; and the archbishop is dis- 
appointed in his harsh designs upon them: 
and my lord Cochran is said to have 
expressed himself pretty openly in a pet, 
" The ministers shall turn all upside down, 
before I meddle with them again." Indeed 
this year, conventicles were like the palm- 
tree, the more weights were hung upon 
them, the more they grew ; and there Avere 
feAv presbyterian ministers in the west and 
south, but were preaching in their houses, 
and some in barns, and some few in the 

Although the ministers were thus dis- 
missed, it may be from some views the 
leading persons had of an approaching in- 
dulgence, yet, the very same day, a procla- 
mation against conventicles in the west, is 
emitted, discharging them, under heavy fines 
upon heritors; and I give it from the regis- 

" The lords of his majesty's privy council, 
considering - how far the keeping of con- 
venticles is contrary to law, and disturbs 
the peace of the kingdom ; and that not- 
withstanding conventicles are kept and fre- 
quented in the shires of Lanark, Renfrew, 
Ayr, and stewartry of Kirkcudbright, they 
prohibit and discharge them, and discharge 
all heritors whatsomever, in these shires, to 
suffer or permit any conventicles or private 

meetings, on pretence of religious worship, 
to be kept in houses, or lauds pertaining to 
them : certifying, if they contravene, each 
heritor in whose bounds or lands a conven- 
ticle shall be kept, shall be fined in the 
sum of fifty pounds sterling, toties quoties ; 
and ordain these presents to be printed, and 
published in the places above." 

I have not seen the printed copy, but by 
several accounts before me of this period, I 
find, that when the proclamation was pub- 
lished, it contained a clause, ordaining ten- 
ants to be fined in a hundred pounds toties 
quoties, for conventicles in their houses or 
ground, but this not being in the copy in the 
council books, I can say no more of it. The 
unreasonable imposition in this proclama- 
tion, is very plain : no exceptions are made, 
though the heritor were never so much a 
conformist; though he live not upon the 
place, though he had no hand in, nor gave 
any allowance to the meeting, yet he is 
made liable to this exorbitant fine. No 
question it was designed to put noblemen 
and gentlemen to look after their tenants, 
and take care none should be in their lands 
who would invite or countenance any of the 
outed ministers : but in its very nature it 
appears most arbitrary and unjust; a punish- 
ment in many cases where there was no 
fault, and a requisition of what was really 
impossible for heritors to perform. Neither 
are they, by the act, allowed, as the magis- 
trates of burghs, so much as a repetition of 
their fine, from their supposed guilty tenants. 
Frequently when things are stretched too 
far, they break, to the hurt of the stretcher ; 
so this unrighteous act broke itself, and 
indeed made the indulgence more pressed 
for by, and desirable to persons of rauk. 
Thus violent men are taken in the pit which 
they digged for others, and the wicked 
snared in the work of their own hands. 
Happy was it for the heritors in the west, 
there was no Turner, Bannantyne, general 
Dalziel, nor standing army, now to execute 
this act. Thus it discouraged not people 
much to haunt conventicles, and presbyteri- 
an ministers went on to preach to a people 
who needed spiritual food very much, and 
received the word with all readiness of mind. 
However, in May and June this year, several 




ministers were brought before the council, 
till the indulgence began to appear: I give 
but one instance or two. 

Mr Matthew M'Kail, minister at Both- 
well, father, I suppose, to Mr Hugh, who 
was executed after Pentland, a true Natha- 
nael, and a very plain dealer, preached about 
this time within a few miles of Paisley, to a 
considerable meeting in the fields, upwards 
of a thousand. His text was, Isa. xxxii. 5. 
From this he described the churl, so as 
many of his hearers applied it to one in that 
country of some rank. If the picture was 
scriptural, and indeed the preacher was very 
much master of the Bible, and so natural as 
to represent the guilty, he was not to be 
blamed for his hearers' application. Great 
noise was made of that sermon, but I do not 
hear Mr M'Kail was troubled for it. Mr 
Gilbert Hamilton was cited, but, either 
through mistake or moyen (influence,) was 
not called. Mr James Currie, minister at 
Shots, did not compear. Mr Andrew Mor- 
ton, minister at Carmunnock, appeared, and 
objected against the legality of his summons. 
New summons was ordered to be given him 
in due form, and he escaped at this time. 

June 3d, I find the council give commis- 
sion to the archbishop and provost of Glas- 
gow, to try who were at a conventicle lately 
kept in that city, what quality they were of, 
who were present, and how they stand af- 
fected to the government, and report. The 
occasion of this was, Mr James Hamilton, 
minister at Blantyre, then living at Glasgow, 
had been informed against for preaching in 
his own house. Upon examination, he is 
seized by the magistrates, and sent in under 
a guard to Edinburgh, where he was pre- 
sented to the chancellor, who, after some 
conversation with him, saw good to commit 
him to prison. This worthy man used very 
great freedom when called before a commit- 
tee of council appointed to examine him, 
and was no way damped. Being asked, if 
he had preached in his own house at Glas- 
gow ? He acknowledged he had. And 
being further interrogated, how many his 
hearers used to be ? He answered, that 
these years bygone, when poor ministers of 
Christ were forced from their flocks, and, 
with difficulty enough, were able to subsist 


themselves and families, they had 
no money to hire palaces and 
castles to live in, and their lordships 
might easily guess any house he was able 
to take, could not contain great numbers 
of hearers, neither could he keep people 
from coming to his house, having no 
halberts to keep his doors, nor guards to 
make use of. Some of the members of the 
committee upbraided him with reflecting 
upon the archbishop of Glasgow, in what he 
now spoke; and endeavoured to impress 
him with the bishop's lenity and favour, in 
permitting him to live so long at Glasgow. 
Mr Hamilton answered, It was very easy to 
speak of lenity and favour, but he was assur- 
ed he had not so much liberty and favour at 
Glasgow, as Paul enjoyed under a violent 
persecuting heathen at Home, where he 
remained two years in his own hired house, 
and preached the gospel, and no man was 
forbid to come to him; but the honest 
people of Glasgow, and himself, had been 
frequently threatened with great violence, if 
they did not forbear. Finding they were not 
like to gain any ground on him by their 
queries, they desired to know if he was 
willing, for the time to come, to give bond to 
preach no more this way. Flis return was, 
that he had his commission from Christ to 
preach the gospel, and he would not take any 
restrictions upon himself, whatever force 
others might bring him under. The chan- 
cellor was pleased to ask him, Where his 
commission was ? He replied, Matth. xxviii. 
19. " Go teach and baptize." The chan- 
cellor replied, That is the apostles' commis- 
sion ; do you set up for an apostle ? No, my 
lord, said he, nor any extraordinary person 
either; but that place contains the commis- 
sion of ordinary ministers of the gospel, as 
well as extraordinary ambassadors, such as 
were the apostles. 

June 24th, the council sit and receive 
their committee's report, " That Mr James 
Hamilton, prisoner in the tolbooth of Edin- 
burgh, acknowledged, that he had several 
times preached and exercised divine worship 
in his own house at Glasgow, to his own 
family, and others beside his own family 
were present ; and that as he invited none, 
so he debarred none; and being asked by 




them, If he would give assurance in 
1669... • x , 

time coming to keep no conven- 
ticles and to preach and exercise worship 
nowhere but in his ownTiouse, and only to 
his own family, and such as should be occa- 
sionally present in his family on some other 
account, he refused. And being called in 
before the council, he adhered to what is 
above. The council order him to be kept in 
prison till he give caution in the terms 
above." And further statute and ordain, 
" that all ministers who shall hereafter be 
apprehended, or brought before the council, 
on account of conventicles, either by them- 
selves or others for them, shall give surety, 
for their peaceable deportment, and that they 
shall keep no conventicles, as said is; and in 
case of refusal, ordain them to be kept in 
prison, till they give surety, as said is, and 
be otherwise censured, as the council thinks 
fit." Thus, upon Mr Hamilton's refusal, 
they form a general rule, Avhereby to proceed 
against all presbyterian ministers ; and this 
severity afterwards hindered ministers to 
appear before them, as hitherto they had 
clone upon the first call : but when they 
must choose now either to come under a 
voluntary tie, to restrict themselves in the 
ministry received from Christ, or undergo a 
perpetual imprisonment, they choosed rather 
to keep out of harm's way, as long as they 
could. This, within some time, brought on 
the denouncing and intercommuning of 
ministers. When they were cited to appear 
before the council, and, for the reasons 
above, durst not obey, caption was directed 
against them, and they were put to the 

Mr Hamilton was remanded to prison, 
and lay there a long time, till his brother 
Sir Robert Hamilton of Silverton-hill made 
interest for him, and got him out, after his 
health Mas considerably impaired by his 
imprisonment, and not till he had given bond 
of a thousand inerks, to compear when called. 
The persecution readied several of the 
inhabitants of the town of Glasgow, his 
hearers; some of them were brought before 
tlic council, and obliged t<> give bond to keep 
no more of his meetings. All those prose- 
cutions of ministers and others for conven- 
ticles, land in a new proclamation against 

them, of the date August 3d, which being 
short I insert it here. 

" Charles, &c. Forasmuch as from our 
tender care and great zeal for preserving the 
peace and cpiiet of the church and kingdom, 
by our former proclamations we have dis- 
charged all private meetings and conventi- 
cles, under pretence of religious worship and 
exercise; yet, in divers places of this king, 
dom, divers outed ministers and others, take 
on them to preach and exercise the functions 
of the ministry, in meetings of our subjects, 
not warranted by law, to the high contempt 
of our authority and government, to the 
disquiet of the peace of this church and 
kingdom ; therefore, we, with advice of the 
lords of our privy council (but derogation in 
any sort from our said former proclamations, 
or pains therein contained) do command all 
heritors timously to delate any who, within 
their bounds, shall take upon them to 
preach, or carry on worship, in such unwar- 
rantable meetings and assemblies, and make 
their names known to the stewards, lords, 
bailies of regalities, sheriffs and their deputes, 
to magistrates of burghs, justices of peace, 
and officers and commissioners of the mili- 
tia, within whose bounds and jurisdictions 
they may be apprehended : and do hereby 
authorize and command the sheriffs, and 
others foresaid, that after intimation made 
to them, that the persons foresaid are with- 
in their respective bounds, they make exact 
search and inquiry after them ; and if they 
be found, that they apprehend, and incar- 
cerate their persons, and acquaint the lords 
of privy council of their imprisonment; and 
require the magistrates of burghs to receive 
and detain them prisoners, till further order; 
and that this they do, as they will be answer- 
able, under the highest pains. Likeas, that 
all our subjects be hereby advertised, that 
we are resolved in the future, to put our 
laws and acts, statutes and proclamations, 

vigorously in execution against \\ ithdrau cms 
from public worship in their own congrega- 
tions ; and ordain these presents to be printed 
and published." 

This is what I have met With as to con- 
venticles i his year, before the indulgence; 
upon the granting of which, in the H est, for 
some time, conventicles were not much 




noticed ; in other places, where few or none 
were indulged, they continued. 1 find, upon 
the last of September, William Southram, 
Mho had been prisoner in the Canongate 
tolbooth some months for being at a con- 
venticle, is liberated, upon finding caution 
under five hundred merks, to compear when 
called : and, December 9th, the lords of 
council being informed of a conventicle in 

Fife, kept at , where did take 

upon him to preach, and exercise all the 
functions of the ministry ; at which conven- 
ticle were present Hamilton of Kink el, 

John Balcanquel brother to the laird of 
Balcanquel, and John Geddie steward clerk 
of Fife. Letters are directed against them, 
to compear against this day eight days, 
under pain of rebellion. I find no more 
anent them for some time. There are some 
other steps of severity in this period, before 
the indulgence, I shall cast in, with some 
other matters in the last Section, that the 
thread of the account of things of the same 
nature, may be as little broken as can be. 
And now I come to give some account of 
the indulgence, begun to be granted in July 
this year. 

Of the first indulgence granted to presby- 
terians, July 1669. 

The full accounts of this and the following 
indulgences granted to presbyterians, shall 
be very much left to such who write a 
complete ecclesiastic history of this time. 
Perhaps too much is in print already anent 
the indulgence. I am sure too much was 
said and writ upon this head. The greatest 
heats were indeed some time after this, as 
may be noticed. Indulgences must not be 
reckoned part of our sufferings in this 
church ; yet being the occasion of differ- 
ences among good people, and a respite 
from suffering to several very worthy men, 
and really an aggravation of the severities 
exercised against others who shared not of 
this benefit, when allowed to some; my 
account of presbyterians under the cross, 
would be lame, without somewhat about 

them in the order of time when 


they were granted. 

By this time every body save the clergy, 
were sensible of the necessity of some liberty 
to dissenters from the present church estab- 
lishment in Scotland ; since by no means 
they could be brought over the belly of 
their light, and known principles and cove- 
nants, to subject unto prelates and their 
underlings. Multitudes through the nation 
were calling aloud for this, the courtiers 
began to promise it, and in private to put it 
into some shape. The earl of Tweeddale, at 
this time in no small favour with the king, 
and close friendship with Lauderdale, who 
was jealoused (suspected) by the bishops to 
retain some regard to his old friends the 
presbyterians, till his second marriage altered 
him very much : my lord Tweeddale, 1 say, 
had frequent conferences with some presby- 
terian ministers, concerning some liberty 
designed for them ; particularly with Mr 
John Stirling, who was his own parish 
minister, Mr Robert Douglas, and some 
others. He prevailed with them to send 
up a letter to court, to be a handle to 
their friends at London to work upon in 
their favours. A copy of it 1 have not met 
with, but am informed it contained very full 
expressions of their affection to the king, 
their firm loyalty, and a disclamation of 
some positions now alleged to be treason- 
able, charged upon some presbyterians. 
Tweeddale goes up to court, either with this, 
or a little after it, and found his work the 
easier there, that the presbyterians in Eng- 
land were at present connived at in their 
meetings, and in Ireland likewise, as appears 
from a part of a letter, April this year from 
a minister there to one in Scotland, a month 
or two before this, which I take liberty to 
insert, because we yet want a full account 
of the state of presbyterians there in this 
period. After his regretting the persecution 
in Scotland for conventicles, he adds, " but 
it is matter of rejoicing, that the Lord's work 
seems to be reviving here, (Ireland,) Christ 
hath a church here, that appears with the 
fairest face, and the cleanest garments, and 
has proven most faithful with God of any of 
the three, and really hath much of the light 





of his countenance. The sun seems 

to ho fairly risen on this land ; 
whether it may he soon overclouded I 
cannot say, hut presbyterians' liberty is 
in many places little less than when they 
had law for them. They are settling 
their ministers with encouragement, and 
building- public houses for their meetings, 
and providing vacancies with ministers. 
About a month ago, I had occasion to 
be at Dublin, where the sacrament of the 
Lord's supper was administrate publicly on 
the Lord's day, at the ordinary time, and 
some hundreds standing without, the doors 
and windows of a throng meeting-house 
being cast open; a public fast on the Thurs- 
day, two sermons on Saturday, and as many 
on Monday. To all this I was a witness, 
and more than a witness. The harvest is 
great, the burden-bearers are few, and the 
few are not idle." But this only by the 
way. When a spirit of persecution is at 
some stand in England and Ireland, some 
favour was the more easily granted here; 
and, July 15th, a letter is presented by the 
earl of Tweeddale to the council from the 
king, which I .here insert from their records. 

" Charles R. 
" Right trusty, and right well beloved 
cousins and counsellors, &c. Whereas by 
the act of council and proclamation at 
Glasgow, in the year 1G62, a considerable 
number of ministers were at once turned 
out, and so debarred from preaching of the 
gospel, and exercise of the ministry ; we are 
graciously pleased to authorize you and our 
privy council, to appoint so many of the 
outed ministers, as have lived peaceably 
and orderly in the places where they have 
resided, to return and preach, and exercise 
other functions of their ministry in the 
parish churches where they formerly resided 
and served, (provided they be vacant) and 
to allow patrons to present to other vacant 
churches, such others of them as you shall 
approve of; and that such ministers as shall 
lake collation from the bishop of the diocese, 
and keep presbyteries and synods, may be 
warranted to lift their stipends as other 
ministers of the kingdom: but for such as 

are not, or shall not be collated by the 
bishop, that they have no warrant to meddle 
with the local stipend, but only to pos- 
sess the manse and glebe; and that you 
appoint a collector for those and all other 
vacant stipends, who shall issue the same, 
and pay a yearly maintenance to the said 
not collated ministers, as you shall see fit to 

" That all who are restored and allowed to 
exercise the ministry, be, in our name, and 
by our authority, enjoined to constitute and 
keep kirk-sessions, and to keep presbyteries 
and synods, as was done by all ministers 
before the year 1 638, and that such of them 
as shall not obey our command in keeping 
presbyteries, be confined within the bounds 
of the parishes where they preach, ay, and 
while they give assurance to keep presby- 
teries for the future. 

" That all who are allowed to preach, be 
strictly enjoined not to admit any of their 
neighbour or any other parishes unto their 
communions, nor baptize their children, nor 
marry any of them, without the allowance 
of the minister of the parish to which they 
belong, unless it be vacant for the time. 
And if it he found, upon complaint made 
by any presbytery unto you our privy coun- 
cil, that the people of the neighbouring or 
other parishes resort to their preachings, 
and desert their own parish churches, that 
according to the degree of the offence or 
disorder, you silence the minister who coun- 
tenances the same, for shorter or longer 
time; and upon a second complaint verified, 
that you silence again for a longer time or 
altogether turn out, as you see cause ; and 
upon complaint made and verified, of any 
seditious discourse or expressions in the 
pulpit, or elsewhere, uttered by any of these 
ministers, you are immediately to turn them 
out, and further punish them according to 
law and the degree of the offence. 

" That such of the outed ministers who 
hare behaved peaceably and orderly, and 
are not re-entered, or presented as aforesaid, 
have allowed to them four hundred merks 
Scots yearly, out of the vacant churches, 
for their maintenance till they be provided 
of churches ; and that even such who shall 




give assurance to live so for the future, be 
allowed the same yearly maintenance. 

" And seeing by these orders we have taken 
away all pretences for conventicles, and 
provided for the wants of such as are, and 
will be peaceable ; if any shall hereafter be 
found to preach without authority, or keep 
conventicles, our express pleasure is, that 
you proceed with all severity against the 
preachers and hearers as seditious persons, 
and contemners of our authority. So 
leaving the management of those orders to 
your prudence, and recommending them to 
your care, we bid you farewell. By his 
majesty's command. 

" Lauderdale. 
" Given at our court at Whitehall, 
June 7th, 1669." 

A great deal bath been said pro and con 
upon this letter in print ; and I shall upon 
this subject keep to matter of fact, and add 
nothing to revive the old burnings, scarce 
yet extinguished. But it seems necessary to 
remark, that the reader may not think all 
the clauses of this letter equally executed, 
that, as far as I can find, the matter of the 
four hundred merks yearly the king here 
allows for the maintenance of outed minis- 
ters, was never made forthcoming to many 
of them, neither have the accounts of any 
not indulged, Avho shared in the vacant 
stipends, come to my hand. Whether this 
was from the failing of the fund, or their 
continuing to preach to their own families, 
when there was not access to hear the 
indulged, or from their want of interest 
among the managers, or that this clause 
was only designed as a blind to make the 
rest go the better down, the judgment of 
peaceable and orderly behavionr being still 
in the managers' hands, or that it was pre- 
vented, as too much favour by the bishops and 
their friends, though once intended at court, 
I know not. I only add further, that upon 
the 8th of July, "The council finding, by 
act of parliament all the vacant stipends since 
the (year) 1664, were to be uplifted for the 
increase of the stock of universities, and a 
collector appointed; a committee is ordered 
to examine how that affair stands." This 
6eems to have been a fetch of the bishops, 

when they knew the indulgence was 
a coming, to prevent at least, one 
part of the king's will ; and an act of par- 
liament, allocating- the vacant stipends to 
universities, would be a good handle, at least, 
to j)revent the four hundred merks to the 

When the king's letter was read in coun- 
cil, it appeared extremely dissatisfying to 
the prelates and their party; and the chan- 
cellor is reported to have said pretty openly, 
he Avould prevent its being of any use to 
the fanatics in Fife. This opposition to 
any favour to presbyterians, delayed the 
granting it for some days, and there was a 
committee named, to whom the king's letter 
was referred. The act of reference is, " The 
lords of his majesty's privy council appoint 
the lords archbishops of St Andrews and 
Glasgow, the lord duke of Hamilton, the 
earls of Argyle, Tweeddale, Kincardine, and 
Dundonald, ( i. e. the lord Cochran, whose 
patent for earl of Dundonald is read in 
council, June 3d this year,) the lord presi- 
dent, register, advocate, and lord of Lee, or 
any five of them, to consider the foresaid 
letter, and of the fittest way how the king's 
pleasure herein may be made effectual, and 
to report, and recommend it to the chancel- 
lor to be present at the meetings of the said 
committee." In this interval, the lords of 
the clergy, and some of their orthodox minis- 
ters, had a meeting to fall upon means to 
hinder the indulgence, which they appre- 
hended would be ruining to their interest. 
No practical measures could be proposed to 
prevent it altogether, since the king- had 
made known his pleasure : but bishop Sharp, 
to comfort his brethren, promised to do his 
utmost to r^ake it a bone of contention to 
the presbyterians. Indeed he wanted not 
abundance of serpentine subtility ; and when 
his attempts to break it altogether failed, he 
set himself with all vigour to have it so 
clogged from time to time, as to break 
ministers and people of the presbyterian 
judgment among- themselves. 

The committee named to ripen this mat- 
ter, had before them the fixing upon the 
ministers to be indulged, and the draughts 
of the council's acts thereanent ; and when 
these are ready, and the ministers advertised, 




l ccq with whom they were to begin, this 
was laid before the council, and 
approven. I shall give the acts and ministers' 
names, as I find them standing- in the coun- 
cil books, and add any thing- I find further 
noticeable from other papers. "July 27th, 
the lords of his majesty's privy council, in 
pursuance of his majesty's letter, dated June 
7th, do nominate and appoint the following 
persons to preach, and exercise the other 
functions of the ministry at the following 
vacant kirks underwritten. Messrs Ralph 
Rogers, late minister at Glasgow, at Kilwin- 
ning; George Hutchison, late minister at 
Edinbiu-gh, at Irvine ; William Vilant, late 
minister at Ferrie, at Cambusnethan ; Ro- 
bert Miller, late minister at Ochiltree, at 
the same kirk ; Robert Park, late minister 
at Stranraer, at the same kirk; William 
Maitland, late minister at Whithorn, at 
Beith; John Oliphant, late minister at 
Stonehouse, at the same kirk ; John Bell, 
late minister at Ardrossan, at the same kirk ; 
John Cant, late minister at Kells, at the 
same kirk; John M'Michan, late minister at 
Dairy, at the same kirk. — (Also) " The 
lords of his majesty's privy council, in pur- 
suance of his majesty's pleasure in the said 
letter of June 7th, in his majesty's name and 
authority, command and ordain all such 
outed ministers, who are or shall be appoint- 
ed to exercise the ministry, that they con- 
stitute and keep kirk-sessions, and keep 
presbyteries and synods, as was done by all 
the ministers before the year 1G38. And the 
council declare, that such of them who do 
not keep presbyteries, shall be confined 
within the bounds of the parishes where 
they preach, ay and while they give assur- 
ance to keep the presbyteries. The council 
does strictly command and enjoin all who 
shall be allowed, as said is, not to admit any 
of their neighbour or other parishes unto 
their communions, nor baptize their children 
nor marry any of them, without the allow- 
ance of the minister of the parish to which 
they belong, unless the parish be vacant for 
the time, not to countenance the people of 
the neighbouring or other parishes, in re- 
sorting to their preachings, or deserting 
their own parish churches: and that here- 
unto these give due obedience, as they shall 

be answerable. And ordain these presents 
to be intimated to every person who shall, 
by the authority aforesaid, be allowed the 
exercise of the ministry." 

Thus the matter of the indulgence, as 
coming from the council, stands ; and I 
shall give an account of all the rest of the 
persons indulged together, if once I had 
considered the circumstances of the first 
ten, when they receive then- allowance from 
the council. All the accounts I have seen, 
make it the 3d of August this year, when 
the above named ministers, and with them 
Messrs John Scot, William Hamilton, and 
others in the following list of this day's 
date, appeared before the council : but I 
find nothing in the books of council of this, 
neither the copy of acts of indulgence given 
them upon this day, inserted from other 
accounts, which I find no ground to ques- 

The ministers when come to Edinburgh, 
after consultation among themselves, and as 
many of their brethren as they could have 
access to, agreed to make a declaration to 
the council, against what had the appearance 
of evil in their indulgence, and laid it upon 
Mr George Hutchison to deliver their mind. 
When they came in before the council, the 
chancellor signified to them the king's good- 
ness in allowing- them the exercise of their 
ministry, and desired them to manage well, 
and told them, the clerk Mould read and 
give them their acts of indulgence. These 
were of two shapes ; the one was unto such 
as were indulged unto other kirks than they 
had been formerly settled at. The tenor of 
Mr Rogers' act, the first in the list of this 
kind, ran thus : — " The lords of his majesty's 
privy council, in pursuance of his majesty's 
commands signified the 7th of June last, do 
appoint Mr Ralph Rogers, late minister at 
Glasgow, to preach and exercise the other 
functions of the ministry at the kirk of 
Kilwinning." This act was signed by all 
the members of the council in town, save 
the two archbishops. The other form Mas 
to such of the ministers, as were appointed 
to their own churches now vacant: and tin- 
tenor of Mr Millar's, the first in the list of 

this sort, follows: — " Forasmeikle as the 
kirk of Ochiltree is vacant, the lords of his 




majesty's privy council, in pursuance of his 
majesty's command signified by his letter of 
the 7th of June last, and in regard of the 
consent of the patron, do appoint Mr Robert 
Miller, late minister there, to teach and 
exercise the other functions of the ministry 
at the said kirk of Ochiltree." — This kind 
was signed as above ; and both sorts were 
delivered, after reading by the clerk, to the 
hands of all the ministers present, respec- 
tively : and after all had got them, the clerk 
was ordered to read the act above set down, 
dated July 27th, containing what was called, 
their injunctions, which was read to them 
all. After which, Mr George Hutchison 
craved leave from the council to speak ; and 
being allowed, delivered himself thus : 

" My lords, 

" I am desired, in the name of my brethren 
here present, to acknowledge in all humility 
and thankfulness his majesty's royal favour, 
in granting us liberty, and the public exer- 
cise of our ministry, after so long a restraint 
from the same ; and to return hearty thanks 
to your lordships, for the care and pains 
taken therein, and that your lordships have 
been pleased to make us, the unworthiest of 
many of our brethren, so early partakers of 
the same. 

" We having received our ministry from 
Jesus Christ, with full prescriptions from 
him for regulating us therein, must in the 
discharge thereof be countable to him : and 
as there can be nothing more desirable or 
refreshing to us upon earth, than to have 
free liberty of the exercise of our ministry, 
under the protection of lawful authority the 
excellent ordinance of God, and to us most 
dear and precious; so we purpose and 
resolve to behave ourselves in the discharge 
of the ministry, with that wisdom and pru- 
dence which becomes faithful ministers of 
Jesus Christ, and to demean ourselves to- 
wards lawful authority, notwithstanding of 
our known judgments in church affairs, as 
well becomes loyal subjects, and that from 
a principle of conscience. 

" And now, my lords, our prayer to God 
is, that the Lord may bless his majesty in 
his person and government, and your lord- 
ships in your public administrations ; and 

especially, in pursuance of his ma- . fi 
jesty's mind testified in his letter, 
wherein his singular moderation eminently 
appears, that others of our brethren may in 
due time be made sharers of the liberty, 
that through his majesty's favour we now 

So hard a matter is it to please sides and 
parties, that in a difficult divided time, such 
who essay to take the middle way, ofttimes 
displease both. Mr Hutchison's discourse 
was by some thought too soft and general, 
and not a sufficient testimony against the 
plain erastianism that appeared in the king 
and council's procedure ; and upon the other 
hand it fretted and galled some of the coun- 
sellors, as being too plain. When the design 
was going on to indulge some more minis- 
ters, it was resolved by some of those who 
were next to appear before the couucil, to 
deal yet more plainly with them, as to their 
mission and instructions being allenarly from 
Jesus Christ. This took air, and the coun- 
sellors who were offended at the former 
speech moved one day in council, that such 
as should be indulged, should no more be 
brought before the council, but have then- 
acts of favour sent them. 

I shall now give the names of such who 
were indulged at other council-days this 
year, all together with their dates. They 
had the same acts sent to them, and the 
same injunctions intimated to them as above. 
Besides the first ten indulged, July 27th, 
there were indulged and allowed : — August 
3d, Messrs John Scot, late minister at 
Oxnam, there ; William Hamilton, late min- 
ister at Glasford, at Evandalej Robert 
Mitchell, late minister at Luss, there ; John 
Gemble, late minister at Symington, there ; 
Patrick Campbel, late minister at Inverary, 
there ; Robert Duncanson, late minister at 
Lochanside, at Kildochrenan ; Andrew Ca- 
meron, late minister at Kilfinnan, at Loch- 
head in Kintyre. — September 2d, Messrs 
Robert Douglas, late minister at Edinburgh, 
at Pencaitland ; Matthew Ramsay, late min- 
ister at Kilpatrick, at Paisley; Alexander 
Hamilton, late minister at Dalmeny, there ; 
Andrew Dalrymple, late minister at Auchin- 
leck, at Dalgen ; James Fletcher, late minis- 
ter at Newthorn (Neuthorn), there; Andrew 




M'Lean, late minister at Craignies, 
at Kilchattan; Donald Morison, 
late minister at Kilmaglass, at Ardnamur- 
chan. — September 30th, Messrs John Stir- 
ling-, late minister at Edinburgh, at Hownam ; 
Robert Mowat, late minister at Temple, at 
Heriot; James Hamilton, late minister at 
Eaglesham, there ; Robert Hunter, late min- 
ister at Corstorphine, at Dinning ; John For- 
rest, late minister at Tulliallan, at Tillicul- 
try. — December 9th, Messrs James Veitch, 
late minister at Mauchlin, there ; Alexander 
Blair, late minister at Galston, there; John 
Primrose, late minister at Queensferry, 
there; David Brown, late minister at Craigie, 
there; John Crawford, late minister at 

. , at Lamington. — December 16th, 

Mi- John Baird, late minister at Inuerwick, 
at Paisley.— January 1st, 1670, Mr William 
Tullidaft', late minister at Dunboig, at Kilbir- 
nie. — January 27th, Mr Alexander Wedder- 

burn, late minister at , at Kilmarnock. 

— March 3d, Messrs John Lawder, late 
minister at Dalziel, there ; George Ramsay, 

late minister at , at Kilmauers ; John 

Spaldin, late minister at , at Dreg- 
horn ; Thomas Black, late minister at , 

at Newtile; Andrew M'Lean, late minister 
at , at Killaro and Kihpihanan ; An- 
drew Duncanson, late minister at ■ , 

at Kilchattan in Lorn. 

These are such as I have met with, who 
had the favour of this first indulgence, two- 
and-forty in all. I shall only add the coun- 
cil's acts anent Mr Robert Douglas, and 
Mr John Baird, as being a little distinct 
from the rest. That for Mr Douglas runs, 
September 2d, " Forasmuch as the kirk of 
Pencaitland is vacant by the death of Mr 
Alexander Verner, late minister there, and 
a process depending anent the patronage of 
that kirk, and the kirk will vaik if remeed 
be not provided; the lords of council have 
thought fit, in pursuance of the king's letter, 
for this time, and during this vacancy, to 
appoint Mr Robert Douglas, late minister 
at Edinburgh, to preach, and exercise the 
functions of the ministry thereat, but preju- 
dice of the patronage, when declared by the 
judges ordinary." The act anent Mr John 
Baird, is dated December 16th, and runs 
" The lords of his majesty's privy council 

considering, that Mr Matthew Ramsay, who 
is appointed to preach, ana exercise the 
function of the ministry at Paisley, is not 
able of himself, by reason of infirmity of 
body, do, in regard of the patron's consent, 
and that of Mr Matthew Ramsay, appoint 
Mr John Baird, late minister at Innerwick, 
to preach and exercise other functions of 
the ministry at Paisley." 

No more offers to me this year anent the 
indulgence, unless it be an act of council, 
December 29th, which, I imagine, has some 
reference to this. Its tenor is, " The coun- 
cil being dissatified with the transaction 
between the parishioners of Stewarton and 
their minister, Mr Alexander Ogilvy, where- 
by he hath agreed to desert the said kirk, 
declare they will not allow the cure at the 
said kirk to be served in any time hereafter, 
but by persons of loyal and orthodox prin- 
ciples." It would seem, that upon the 
granting indulgences to so many parishes, 
others who were overlooked, offered the 
curates a piece of money to leave them, 
and some of them were willing enough to 
do it, and to try their fortune elsewhere ; 
and by this act the council endeavour to pre- 
vent these transactions. 

Thus I have given a plain narration of 
matter of fact, as to this first indulgence, 
from the public papers I have met with. 
This was the first, and, as many thought, 
the best shape in which this public favour 
to presbyterians stood. The liishops feared 
it, and opposed it very much ; and when no 
better could be, they endeavoured to make 
it the apple of dissension among presbyterian 
ministers and people. Upon the other baud 
it is beyond denial, the Lord, in his holy 
providence, had much good to bring out of 
it, to the famishing souls of thousands; 
and eventually, through the sinful passions, 
venting themselves upon all bauds, undoubt- 
edly much evil followed upon it. As it was 
very satisfying unto many, in the first reports 

of it, so they were much disappointed when 

it appeared upon so narrow a bottom, and 
clogged so much with restrictions. They 
lamented that it flowed from the exercise of 
renal supremacy, which none of the takers 
professed any w ay to allow of. The want 
of the call of the people, or their consent, 




when the patron's was expressed, was gra- 
vaminous ; and yet nothing- is more certain 
than that the people most willingly received 
the ministers when they came. The minis- 
ters were required to do evil, but they did it 
not, and were made a kind of prisoners in 
their own congregations, and their neigh- 
bours discharged to partake of their minis- 
try; yet the prohibition was not obeyed. 

Very knowing, judicious, and solid Chris- 
tians and ministers differed in their senti- 
ments of this indulgence. Upon the one 
hand it was looked upon as the opening a 
door to a larger and clearer liberty unto 
the presbyterians in Scotland; and indeed 
grounds were not Wanting at this juncture, 
for entertaining views of this sort : but in 
the event it proved otherwise. Its first 
appearance was fairest, and afterwards it 
turned darker. Further, it was said to be 
a mei-e removal of the unjust restraint put 
upon ministers by the council's act at Glas- 
gow, and a nullifying of the prelates' sen- 
tences of deposition, pronounced against such 
who were not reached by that act ; neither 
of which the ministers had ever submitted 
to, but in so far as they were forced by 
violence. Upon the other hand it was 
reasoned, that the laws now in being, having 
cassed and rescinded the act for the refor- 
mation-privileges of this church 1592, and 
those since the (year) 1638, and taken 
away the intrinsic power of the church, and 
its due constitution; the council's actings, in 
consequence of this rescission, could not 
but be highly Erastian, in transporting 
ministers, fixing relations to other congre- 
gations, and restricting and limiting them in 
the exercise of their function. It was urged, 
that the indulgence would never have been 
assented to in council, had not its advocates 
made it out, that it would weaken, if not 
ruin presbyterians, by breaking that close 
correspondence and harmony they had 
hitherto maintained among themselves, by 
their being precluded from new ordinations, 
which was what the bishops feared above all 
things ; and by their being bound up from 
visiting the country, and watering the people 
up and down, who were dissatisfied with 
prelacy. Lastly, it was feared that this 
license to a few, would be accompanied 

with severity to the rest of the min- 
isters, and a persecution of that body 
of presbyterians up and down, who could 
not have access to the ministry of the in- 
dulged ; and might now come to be de- 
prived altogether of the gospel. Within 
a little indeed the presbyterian ministers 
were banished from Edinburgh, and conven- 
ticles punished with greater rigour; yet it is 
sure they increased under this indulgence. 

Notwithstanding of those different senti- 
ments, in a matter which indeed could only 
be fully judged of by its fruits and conse- 
quents complexly taken, yet it seemed 
agreed to, almost by everybody, that, in this 
troubled state of the church, ministers might 
warrautably accept of this liberty to preach 
in their own congregations, from which they 
had been violently forced, or in other places, 
until a door was opened in providence, to 
return to their own charges, provided a due 
testimony were given against the manner of 
granting this favour, which all reckoned 
gravaminous. Accordingly, the whole min- 
isters pitched upon were willing to accept ; 
and, by the consent of their brethren, the 
whole presbyterians through Scotland,cheer- 
fully submitted to their ministry, as they 
had access. Mattel's continued thus as far 
as I can learn, till some of the banished 
ministers in Holland, perhaps at first upon 
misinformations, or at least incomplete 
accounts from Scotland, some time after 
this, wrote over some letters, and sent home 
some reasons against joining with the 
indulged. This began a flame, which, by 
degrees, rose to a very great height. It 
must be owned, the Lord eminently counte- 
nanced the labours and ministry of the in- 
dulged ; and they could not but acknowledge 
they had as great and sensible assistance in 
the work of the gospel, as ever they had 
formerly known ; and their success among- 
their hearers was not small : so, whatever 
scruples came, in pi'ocess of time, to bo 
raised among some of the people ; yet the 
bulk of presbyterians kept by them, and 
persons of rank went on to use their utmost 
interest with the council to have more and 
more indulged ; till, about half a year after, 
the council shut the door, and would allow 
no more. The difficulties they met with, 




and further pressures laid upon 
them very quickly, will come to be 
noticed in their own place, next year. 

Of the proceedings of the parliament, which 
sat down October 19th, 16G9, in as far as 
they relate to the church. 

I come forward to the actings of the parlia- 
ment, which succeeded the indulgence, and 
passed such laws as were to the prelates 
some May a balance to it ; and shall give 
some account of them all together, and then 
gather up several particulars throughout this 
year, I have hitherto passed, of design to 
put them together in the last section. The 
great design of this session of parliament, 
was, to give some beginning to a project 
now on foot, in order to an union with 
England. This matter being mostly civil, I 
leave it very much to such who write the 
history of this reign. It was thought by 
the most discerning persons, that this pro- 
jected union was designed for advancing 
arbitrary government, and the encroaching 
upon the liberties of the house of commons 
in England, who at this time made a stand 
against court measures. The lovers of li- 
berty did then apprehend, that two distinct 
parliaments were less liable by far to be 
brought into arbitrary measures, than one 
united parliament. Accordingly, next year, 
after the Scots parliament had given into 
the king's measures, and empowered him to 
nominate commissioners for Scotland, the 
commons in England turned peremptorily 
against it, and could not be brought into 
what they reckoned eversive of their own 

A proclamation was issued out, July 15th, 
for calling a new parliament; and care was 
taken to dispose the elections so as (lie king 
and the bishops might be exactly served, 
and any arbitrary and illegal steps taken by 
the council, approven. I find the king's 
advocate, September 2d, is ordered by the 
council, to pursue before the parliament, a 
process of forfeiture against those guilty of 
rebellion, 1666, who arc excepted forth of 
his majesty's indemnity, and are not already 

forfeited, or had not received his majesty's 
remission. And, October 11th, Lauder- 
dale's commission to represent his majesty 
in this parliament, is read, and recorded in 
the council registers. October 19th, this 
session of parliament was opened with read- 
ing the king's letter, which relates only 
almost to the designed union* The com- 
missioner, who is intrusted with this great 
affair, in a speech, which is in print, recom- 
mends this matter most earnestly j and, to 
engage the bishops and their party in par- 
liament, whom he had grated a little in the 
business of the indulgence, to fall in the 
more heartily, " He insists at great length 
upon the king's fixed resolution, unalterably 
to maintain episcopacy ; he commends it 
highly, and assures them the king will not 
allow of conventicles, especially since he 
had granted an indulgence, and presseth the 
bearing down of them : and, at the conclu- 
sion of his speech, effectually to carry the 
prelates to his side, he again repeats all the 
assurances formerly given in their favour." 
The parliament, in their return, which is 
likewise printed, take notice of the king's 
letter in every branch of it, and express 
abundance of loyalty ; but do not notice the 
commissioners' harangue anent the bishops. 
All the members sign the declaration, which 
obliged them to maintain episcopacy. Gene- 

• " Lord Lauderdale's speech ran upon two 
heads. The one was, the recommending to their 
care the preservation of the church, as establish- 
ed by law ; upon which he took occasion to 
express great zeal for episcopacy. The other 
head related to the union of both kingdoms. 
All that was done relating to that, was, that an 
act passed lor a treaty about it. And in the 
following summer, in a subsequent session, com- 
missioners were named, who went up to treat 
about it. But they made no progress ; and the 
thing fell so soon, that it was very risible it was 
never intended ingcod earnest." Burnet's His- 
toryofhis Own 'limes, vol. i. pp. 117, IIS. 

Being satisfied that the above is a just and 
true statement of this case, tre do not think it 
advisable to lumber our pages with any more 
particular detail of this affair. The reader, 

who is curious to Bee with how much seeming 

seriousness sell-interested men, of whatever 
lank they may be, can talk when they mean 
nothing, may consult Mackenzie's History of 
Scotland, where they will find the letter here 
alluded to. a long speech of Sir George IWac- 

kenzie's on the subject of that letter, together 
with minutes of the proceedings of the commis- 
sioners appointed to carry thai project into effect 
—pp. 148—155, 193— 211.— Ed. 




rally they had taken it hefore, for there was 
no great alteration of members from the 
last parliament. I restrict myself to their 
actings with relation to the church and 
presbyterians; and there are only a few acts 
which look this May. 

Their first act this session is, that re- 
markable and highflying one, " asserting his 
majesty's supremacy in all cases ecclesiasti- 
cal, and over all persons;" which I have 
insert below.* What hath been observed 
in the former book, upon the oath of alle- 
giance, as it was termed, the declaration, 
and the acts of parliament 1662 and 166.3, 
will save me the trouble of many things 
which might come in here ; yet so odd and 
extraordinary an act natively offers not a 
few remarks.f Such who violently opposed 
the indulgence, tell us, this act was framed 
to save the council from the treason they 
were guilty of, by granting it contrary to 

* Act anent the supremacy, November 16th, 1669. 

The estates of parliament having seriously 
considered, how necessary it is, for the good and 
peace of the church and state, that his majesty's 
power and authority, in relation to matters and 
persons ecclesiastical, be more clearly asserted 
by an act of parliament, have therefore thought 
fit it be enacted, asserted, and declared ; likeas, 
his majesty, with advice and consent of his 
estates of parliament, doth hereby enact, assert, 
and declare, That his majesty hath the supreme 
authority and supremacy over all persons, and 
in all causes ecclesiastical within this his king- 
dom ; and that by virtue thereof, the ordering 
and disposal of the external government and 
policy of the church, doth properly belong to his 
majesty and his successors, as an inherent right 
to the crown ; and that his majesty and his 
successors may settle, enact, and emit such 
constitutions, acts, and orders, concerning the 
administration of the external government of 
the church, and the persons employed in the 
same, and concerning all ecclesiastical meetings, 
and matters to be proposed and determined 
therein, as they in their royal wisdom shall 
think fit; which acts, orders, and constitutions, 
being recorded in the books of council, and duly 
published, are to be observed and obeyed by all 
his majesty's subjects, any law, act, or custom to 
the contrary notwithstanding : likeas, his ma- 
jesty, with advice and consent foresaid, doth 
rescind and annul all laws, acts, and clauses 
thereof, and all customs and constitutions, civil 
or ecclesiastic, which are contrary to, or incon- 
sistent with his majesty's supremacy, as it is 
hereby asserted, and declares the same void and 
null in all time coming. 

t This act was abhorred by all parties, and 
seems to have been a mere state trick, intended 
to lay the ecclesiastical power, whoever might 
exercise it, at the feet of the civiL Burnet was 

standing laws and acts of parliament. 
Indeed several acts of parliament do 
seem to run cross to it : the act of restitution, 
1662, says, " That all church power is to be 
regulated and authorized in the exercise 
thereof, by the archbishops and bishops, 
who are to put order to all ecclesiastical 
matters and causes, and to be accountable 
to his majesty for their administration." 
And by the 4th act of that same session of 
parliament, it is expressly ordained and 
statuted, " That none hereafter be permitted 
to preach in public, within any diocese, 
without the license of the ordinary." And, 
act 1st, sess. 3d, 1663, the king seems to 
bind up himself in this matter, and promises, 
" Not to endure, nor give way or connivance 
to any variation from the established chinch 
government." And the same act recom- 
mends it to the council, " To punish all 
preachers without the bishop's license, &c. 

of opinion, it was a contrivance of Lauderdale, 
who, having found out the secret of the duke of 
York's religion, intended, by laying the church 
of Scotland at his mercy, to pave the way for 
that line of conduct which, on his accession he 
adopted ; and thus to secure himself in his 
favour. — Burnet's History of his Own Times, 
vol. i. pp. 418, 419. Sharp, we are told by Mac- 
kenzie, preached to this parliament, the first 
Sabbath after the archbishop of Glasgow had 
been confined, on which occasion he stated three 
pretenders to supremacy, the pope, the king, and 
the general assembly of the presbyterians, all 
whose several pretences he disproved at great 
length, " for which," adds the historian, " it 
was thought he had been turned off if the arch- 
bishop of Glasgow had not suffered so lately, — 
but occasion was taken from this, to propose in 
the articles that his majesty's supremacy should 
be yet more fully explained by act of parliament, 
that no scruple might remain from the extrava- 
gant insinuations of either the jure-divino epis- 
copist or presbyterian. Most of the lords of the 
articles inclined to the motion, because by this, 
all the government of the church would tall in 
the hands of Laics, and especially of counsellors, 
of which number they were, — and the nobility 
had been in this, and the former age kept so far 
under the subjection of insolent church men, 
that they were more willing to be subject to 
their prince, than to any such low and mean 
persons as the clergy, which consisted now of the 
sons of their own servants or farmers, — and the 
bishops had so far and so often insinuated when 
his majesty was zealous for their hierarchy, that 
all power resided in him, and that presbytery was 
antimonarchical, because it restrained this his 
just power, as that now the people were induced 
to believe that the government of the church 
was but an arbitrary policy, which the magis- 
trate might alter as be pleased."' — Mackenzie's 
History of Scotland, pp. 159, 160.— Ed. 




as seditious persons." From these 
' it would appear, that the king and 
privy council had taken upon them to cass 
those acts of parliament : and, as was now 
ordinary, the voters in council needed a new 
act of parliament to save them from guilt in 
this respect. The two archbishops indeed 
pleaded the indulgence was contrary to law, 
and would never be present, or vote in any 
thing relative thereto. But I do not think 
the lords of council were in any great appre- 
hensions of their hazard this way. The king's 
will Mas declared by the parliament to be 
their law. The bishops were in their man- 
agement of church affair's entirely subjected 
unto the king, their power was entirely 
derived from the supremacy, and all with 
respect to the church had been very fairly, 
though most iniquitously, put into the king's 
hand ; and the counsellors, by the present 
unhappy constitution, seem safe enough, 
since the king was made absolute, and par- 
liaments and their acts were but pieces of 
form, especially as to ecclesiastical matters. 
The real spring of this act anent the supre- 
macy, seems to have been the little sputter 
made by the archbishop of Glasgow, and 
his diocesan synod, this year, against the 
exercise of the supremacy, when it struck 
against them; of which some account shall 
be given in the following Section. 

To return to the act itself, the narrative 
containing the reason of making this act 
now, is, " The good and peace of the church 
and state, which required a clear assertion 
of his majesty's power, in relation to matters 
and persons ecclesiastical." How far the 
procedure at Glasgow needed such an asser- 
tion, I shall not say: but how the good and 
peace of any right constitute church, can be 
advanced " by the utter removal of all 
church power," I cannot see. It was well 
known however, our managers opened so 
plainly against all power ecclesiastic, this 
positive discovery of the mind of the ini- 
posers, did very much put an end to the 
former debates about the oath of alleo-iance, 
as it was called ; and is so plain a sense put 
upon it, that it does not appear how any 
after this, who had not abandoned our 
reformation, yea, the owning of all spiritual 
power in the church, as a ( hristian society, 

could fall in with it. What follows in 
the assertory part of the act, " supreme 
authority and supremacy over all persons 
and causes ecclesiastical," is as full as words 
can make it, and hath been already con- 
sidered. What is comprehended in the 
" external government and policy of the 
church," I do not well know; hut all 
included in that, is now to be disposed 
according to the "royal wisdom;" and if the 
wisdom of the world, to which the things of 
God are foolishness, think proper to take 
away all external government and policy, 
certainly the king is here empowered to do 
so. If he shall see good to remove the 
lords the bishops, I know not how they can 
well complain, since they have consented to 
it. If a parity in the government of the 
church be found best, the king hath a door 
set open to him: but the prelates, no doubt, 
were persuaded of better things concerning 
the king. Yea, if royal wisdom should see 
good, as some of the king's predecessors 
had done, to write letters unto the holy 
father the pope, if he should be owned as 
the universal bishop and centre of unity to 
the western churches, if his authority and 
jurisdiction should be again introduced; all 
is but what the law permits to be done; 
none of the clergy who went into these 
measures must complain, and probably few 
of them would. 

Though so vast a power was found proper 
to be lodged in the hands of so religious 
a prince as king Charles II. yet, who knew 
who was to be after him, " a wise man, or a 
fool ?" It appeared then very hard to all 
real protestants, that such a trust was put 
likewise in the hands of his successors ; 
especially when the apparent successor was 
a papist, and his principles obliged him, and 
this act allowed him to put this church, as 
to its government and policy, in the hands 
of the pope. I own, if that which follows 
were true, that this disposal of the govern- 
ment and policy, " is an inherent right in 
the crown," it must natively devolve with 
the crown to tin* successors: but I hope, 

none who read tin- Bible w iib any reflection, 

will allow this to inhere in any crown, but 
his " on whose head are many crowns." 
" Thai the king and his succcs-oi.v may 




settle, enact, and emit such constitutions 
anent church government, persons employed 
in it, ecclesiastic meetings, and matters to 
be proposed and determined therein, as they 
in their royal wisdom shall think fit," is such 
a thrust at the very being of a church, as an 
organized body with a head, and a modelled 
spiritual society, that I doubt if ever a 
greater was given under colour of law. A 
set of gentlemen of the principles of the 
" Tale of a Tub," the " Rights of the Chris- 
tian Church," the " Essay on Free Think- 
ing," and others who are " a new increase 
of sinners," unknown to former times, might 
be excused, had they sat in our parliament : 
but for Scotsmen, many of whom had taken 
the covenants, and known better things, to 
enact such a law, is somewhat more than 
surprising. The sovereign may act, not 
only in the government and discipline of 
the church, which by this law are mere 
ciphers, but " in all matters which come 
before church judicatories, and make con- 
stitutions," as he pleaseth, without any con- 
sent either of church or parliament. I see 
nothing to hinder the king acting according 
to this power, from establishing- a new reli- 
gion, and palming a new " Confession of 
Faith" upon Scotland. This is a grant 
paramount to the claims of the pope or a 
general council either. Indeed nothing of 
church power that I can see, is kept back 
from the sovereign here. 

Next, such acts and constitutions of the 
" royal pope," being " recorded in the books 
of council, and published," be what they 
will, are to be implicitly obeyed by all 
subjects, without asking questions : and by 
virtue of this power, the king and parlia- 
ment rescind all former acts of parliament, 
that is much ; but, which is more, all 
ecclesiastical acts, which may be found in- 
consistent with this erastian power in the 
sovereign. It is well this law is a non 
habente potestatem, and more than any court 
on earth can do, and materially a cassing 
and abrogating the scriptural rule. 

I shall only further notice, that this act 
was not only gravaminous to all presbyter- 
ians, but many of the prelatists themselves 
were dissatisfied with it. Mr Collier speaks 
of it as strong and comprehensive language ; 

and Bishop Kennet says, " It was lrro 
the dispensing power at the greatest 
height, and while indulgence was part of 
the politic of England, all hopes of it were 
removed in Scotland." It would seem the 
author knew not, that another indulgence 
was given in the year 1672. However, the 
present set of bishops in Scotland, as far as 
I know, what from one view, what from 
another, went into it ; yet as many of their 
clergy as had a regard to protestant princi- 
ples, or owned any spiritual power in the 
church, and were unwilling to give up all 
the rights of the " Christian constitution" 
to the civil magistrate, disliked it. How- 
ever, it passed, and was a very good mean 
to advance the present scheme of absolute 
government in the state. Slavish principles 
very soon introduce tyranny in practice; 
and erastianism, as well as popery, is a very 
good handle for introducing arbitrary gov- 
ernment ; and a papacy in the state, natively 
leads to tyranny. 

This was the first and most remarkable 
act of this session, and I find it very 
natively followed by the second act, " anent 
the niilitia," wherein the power of arming 
the subjects, and raising them in arms, is 
likewise placed among the " inherent rights 
of the crown :" although by many former 
laws weapon-shewing, and the fencible men 
in every sliire, their being anned for their 
own defence, is declared to be the privilege 
of Scotsmen. Thus in the first room our 
religious and reformation rights, and next 
our fives and civil liberties, are laid at the 
king's feet, to be trampled upon. 

Then- fifth act is, " for the security of the 
persons of the clergy," whom the law now 
calls orthodox. This upon the matter hath 
been already considered, upon the council's 
proclamation above to the same effect. I 
find it comes to the parliament, from the 
privy council. Upon the 20th November, 
their records run, " An act to be brought 
into the parliament, ratifying two acts in 
favours of the orthodox clergy, being read 
in council the lords approve thereof, and 
ordain the same to be transmitted to the 
lords of the articles." This method of 
transmitting of acts of parliament from the 
privy council, was both needful to the mana- 




lrrQ S ers > aim °f a considerable use to 
them ; but I leave it to be examined 
by lawyers. No more observes on the act 
itself are necessary : every reflecting - person 
must see the necessity of all just measures 
for the safety of a gospel minister in his 
parish : and the clergyman's suitable carriage 
to his station, and the rules of it, will be 
one of the best guards about him. But this 
act, when I read it, appeared calculated to 
serve a party, and containing several unreas- 
onable clauses. It seems hard, that if 
wicked people shall attack a minister's 
house or person, and his parishioners, if 
they do not apprehend and bring - to a trial 
the persons guilty, be made liable to make 
up the minister's damage, with the interest 
of it; when, it may be, it was plainly 
impossible for them to apprehend the rioter; 
and probably they knew nothing about the 
attempt, and were never called to assist 
their minister when insulted. However, 
as those attacks were designed at first for 
pretences to keep up a standing army, so 
afterwards they became a good handle for 
extorting large sums of money from presby- 
terian heritors in parishes, perfectly innocent 
of these riots; and a good occasion for 
some of the poorer sort of the curates, to 
get a swinging sum from their parishioners. 
No more was to be done, but casting them- 
selves in the road of a rabble, and endeavour 
to get some small thing to be taken out of 
their houses, and then, to be sure, they had 
it made up with interest, cent, per cent, 
profit. However unreasonable this act 
appears to be as to the particular congrega- 
tions where the orthodox clergy were, and 
whatever misimprovement some of them 
made of it, I would not be understood by 
these remarks, to vindicate any irregular 
attempts made upon their persons. It hath 
been observed, thai few or no presbyterians 
were engaged in those attempts, as far at 
least as my information bears; but if any 
were, I leave them to answer for themselves. 
Upon the whole it will appear, that nothing 
by some was thought too high at this time, 
for the orthodox and established clergy, 
and nothing too Bevere for presbyterian 
ministers, and the suffering people who ad- 
hered to them. 

The 11th act of this session, December 
loth, 1669, " Concerning the forfeiture of 
persons in the late rebellion," deserves a 
room in this collection ; and so the reader 
will find it below.* It is a ratification of 
what the council and justiciary had done 
formerly, as we have heard. From the 
reading of this act the reader will easily 
perceive, its design is to cover and cloak 
former illegal and arbitrary actings, Avhen 
done. The people concerned were con- 
scious to themselves they had gone contrary 
to practick and reason, in forfeiting gentle- 
men in absence, and that they had assumed 

* Act anent ministers, November SOth, IG69. 

Forasmuch as the king's majesty, considering 
how just and necessary it was, that theorthodox 
clergy should be protected from the violence of 
disaffected and disloyal persons, did therefore, 
with advice of his privy council, by his royal 

Sroclamationsof the 15th of .March, and 13th of 
une, one thousand six hundred and sixty-seven, 
command and charge all heritors, liferenters, 
and others, having any real interest or rent 
within the several parishes of the kingdom, to 
protect, defend, and secure the persons, families, 
and goods of their ministers, not only in the 
exercise of their ministerial function, but in 
their dwelling-houses, or being elsewhere within 
the parish, from all injuries, affronts, and pre- 
judices, which they might incur in their persons 
or goods from the violence and invasion of any 
disaffected, disloyal, or other wicked person : with 
certification, if the actors of such outrages should 
not be apprehended and brought to trial, by the 
means and diligence of the parishioners, the 
parishioners should be decerned to pay to the 
suffering minister, for reparation, damage, and 
interest, such a sum and fine as his majesty's 
council should determine, as is more fully exprest 
in the said proclamations. And the estates of 
parliament, having taken to their consideration 
the proceedings of his majesty's council herein, 
and finding, that the protection of the orthodox 
clergy, and the restraining of the insolency of 
disaffected, disloyal and wicked persons at this 
time, did require more nor ordinary means and 
care from his majesty's council, have therefore 
thought tit: likeas, his majesty, with advice 
and consent of his estates, doth hereby ratify 
and approve the two proclamations aforesaid, 
and the proceedings of bis majesty's council in 
prosecution thereof, and authorizetn them still to 
prosecute the same, as occasion shall offer, until 
his majesty in his next parliament rive further 
orders therein : ami it is declared) that this act 

is and shall he but prejudice » • J any former laws 
and acts of parliament, made against the invader-, 
of ministers, and of the pains therein contained ; 
and particularly the twenty-seventh ait of the 
eleventh parliament of king .lames VI. and 
seventh art ufking Charles I. bis parliament, in 
anno I6SS, which ait- bis majesty, with advice 
foresaid, doth hereby ratify and approve, and 
declares the same to stand in lull force. stn Qgtll 
and edict in time coming. 




a parliamentary power, in forfeiting the 
king's vassals in the methods they took : 
therefore, ex post facto, they must have 
this new law to save their bacon. It is 
further plain, that in this act there is a 
parliamentary forfeiture passed upon those 
persons in absence, and, as far as I can 
understand, never cited before the parlia- 
ment, that what the gentlemen had to say 
against so extraordinary a step, might be 
heard. In the last room it may be observed, 
that a parliamentary right and power is here 
made over to the lords of the justiciary for 
the time to come ; to wit, the forfeiting of 
all persons of all conditions and ranks in 
case of rebellion, or rising in arms upon any 
pretence whatsoever. I need not show 
how hard this is, to subject the lives and 
estates of noblemen, gentlemen, and others, 
to the caprice, humour, and party spite of 
two or three men ; and all in the absence 
of the parties. — The rest of the acts of this 
session relate to civil matters, in as far as I 
have noticed, and so I meddle not with 
them. The parliament rose upon the 23d 
of December this year. I come now to 
cast together several other things relative 
to presbyterians during this year, which I 
have passed in the former Sections. 

Of the continued sufferings of some persons 
who had been at Pentland, the imprisoned 
gentlemen, and some other things this year 

Mv accounts of the sufferings upon the 
score of conventicles, of the indulgence and 
procedure of the parliament this year, have 
run to so great a length, that I shall despatch 
what further offers, as to the state and suf- 
ferings of presbyterians, very quickly. 

The council's letter to the archbishops 
last year was noticed, anent the sending in 
lists of papists. I find, February 4th, this 
year, they bring in some lists, and lay them 
before the council ; but it seems their heart 
was not so much in that necessary work, 
as in hunting down presbyterians ; for the 
council record it, that many lists are want- 

ing-, and refer the whole affair to a ,_„_ 
committee, whose report I do not 
meet with this year; and in prosecution of 
an act made last year against quakers, upon 
the 24th of June, the laird of Swinton is 
sent prisoner to Stirling Castle. How long 
he continued there, I know not. 

Hardships are continued upon such who 
had been concerned in Pentland. Ireland 
had been a retreat to some of them ; but all 
pains was taken to discover them in their 
hidings there: and so John Cuningham of 
Bedlane came to be apprehended there. 
Notice was soon given to our managers, and 
he sent over to Scotland. February 4th, 
"The council being informed, that John 
Cuningham sometime of Bedlane, who 
was in the late rebellion, is apprehended by 
the lord lieutenant of Ireland, appoint the 
magistrates of Ayr to receive him as pri- 
soner, when sent over." The same orders 
are sent to Irvine and Greenock, if he shall 
be brought into any of these ports, and 
Bedlane is ordered to be forwarded to 
Dumbarton Castle. In April, I find he 
comes over; and after some little time in 
Glasgow tolbooth, he is sent to Stirling 
Castle : here he continued a long time, and 
in Dumbarton Castle, as we may hear upon 
the after years. 

Upon the 10th of June, the council pass 
a sentence of banishment upon Robert 
Gibson, Robert Paton, Robert Harper, and 
William Cuthbertson. They were brought 
in by Major Cockburn, from the parish of 
Fenwick, and the country about, and con- 
fessed their being at Pentland, and were 
ordered to be transported to the plantations. 
I hear many others, whose names are not 
come to my hand, were served the same 

Cannon of Mardrogat, of whom before, 
when it is found his discoveries are not so 
important as they expected, and yet they 
find him willing to serve their purposes, 
upon the 7th of January he hath the liberty 
of a free prisoner granted him : and upon 
September 2d, he gets his remission from 
the king, and afterward proved worthy of 
it, and not unuseful to the persecutors. 
Robert Chalmers, of whom likewise in the 




former years, gives in a petition to 
the council, April 6th, and they re- 
commend him to Lauderdale for a remis- 
sion ; and upon the 5th of July it is granted. 

The west country gentlemen before men- 
tioned, are this year a little more favourably 
dealt with, but still continued in their con- 
finement. Sir George Maxwell, February 
25th, is allowed to stay some time at Edin- 
burgh about his necessary affairs; and upon 
March 4th, the council prolong his liberty 
to continue there till May ; and, upon May 
5th, it is continued till June : and Cuning- 
hambead, upon the 25th of February, is 
allowed by the lords to go to his house at 
Kirrelaw, until the 15th of March, and that 
to search for some writs which nearly con- 
cern his affairs. This is all I find about 
them, till the end of this year, these worthy 
gentlemen were put to no small trouble and 
charges, in petitioning for these little favours 
now and then granted; and I take them to 
have been still in prison at Stirling, except 
at these times forementioned. Another 
gentleman I have not met with before, 
brought under confinement from mere jeal- 
ousy and suspicion, without any thing laid 
to his charge, which has come to my know- 
ledge, is colonel Robert Barclay. July 29tb, 
the council, upon his petition, allow him to 
reside at his own house at Urry, and confine 
him within three miles about it, until 
Jauuaiy next : and in August 1670, I find 
the council take off his restraint. Tins is 
all I have anent him. This year likewise] 
the council now and then are doing some 
acts of justice to gentlemen, and others, 
who had been oppressed by Sir William 
Bannantyne. Upon the 8th of July, I find 
upon a petition, Gilbert M'Adam of Water- 
head, is ordered to receive up from tbe clerk 
one bond of six hundred merks, and another 
of seven hundred merks, extorted by vio- 
lence from him by Sir William : and upon 
the 29th of July, Wallace of Camel, in the 
shire of Ayr, gets up a bond of his, extorted 
by the s;i me man. Many other of Sir Wil- 
liam's oppressions escaped tbe council, and 
cannot uow be recovered. 

When the indulgence Mas resolved upon, 
and about tin; lime of the granting' of it 

some lenity was shewed to some presbyte- 
rian ministers, who had been long confined, 
and had no occasion to keep conventicles, 
save in their rooms in the prison, whither 
some came and joined with them in worship. 
Thus Mr Thomas Wylie, of whom before, 
after he had been, since the (year) 1663, or" 
1664, confined to Dundee, and in October 
1667, had been permitted to come besouth 
Tay, with an express prohibition to come 
within four miles of Edinburgh, is, May 
this year, allowed to come to Edinburgh 
about necessary affairs ; and, June 4th, his 
liberty is continued without a day, upon his 
giving bond to appear before the council, 
when called. This way several of the min- 
isters and others got out their long confine- 
ments. August 3d, the privy council being 
informed of the sober and good carriage of 
Mr Robert Duncan, late minister at Dum- 
barny, under his confinement) and that he 
hath been under restraint for several years, 
take off the restraint, and declare him free 
to go about his lawful affairs. And, Sep- 
tember 1st, Mi* Donald Cargill gives in a 
petition to the council, begging that his 
confinement beyond Tay, may be taken off, 
and he allowed to come to Edinburgh about 
law affairs. The council allow it to be 
taken off providing he enact himself not to 
reside within the town of Glasgow, upon 
any occasion whatsomever, nor in the town 
of Edinburgh and suburbs thereof, without 
warrant from the lords of session and 

I cannot leave the history of this year, 
without taking notice of some actings of the 
archbishop of Glasgow, and his diocesau 
meeting there, at this time, about tbe king's 
supremacy, which made a very great noise, 
and issued in the demission of the arch- 
bishop, and a council process against two of 
the members of the synod. Most part of 
this account I shall draw from the records 
of the council. The greatest part, by far, 
of the indulged ministers, were in tlie bounds 

of the diocese of Glasgow; and the liberty 
granted topresbyterian ministers, did exceed- 
ingly gall the bishop and liis underlings. 
Accordingly, when they meet in their synod, 
in September this year, the bishop and they 




agree upon a paper, entitled " A Remon- 
strance."* I have not seen it; but by 
papers writ about this time, it is said to 
contain a heavy complaint against the indul- 
gence, and the council's placing- persons, 
lying under ecclesiastic censures, into the 
ministry at their old charges, or elsewhere, 
when neither the bishop or synod had ever 
given the least shadow of relaxation from 
those censures. This paper likewise bore 
pretty hard upon the king's supremacy in 
ecclesiastic matters ; and no great regard 
was shown in it, either to the acts of par- 
liament made about this, or the oaths the 
members of the synod were under to main- 
tain and support it. The prelates and 
" passive obedience" gentlemen, when the 
sovereign goes their way, have nothing but 
the praises of the prerogative, and unlimited 
power of the prince in their mouth; but 
when they are crossed, and touched in their 
own tender points, they can kick and fling 
against a court, as well as others. As long 
as the king's supremacy was exerted for the 
inbringing, support, and maintenance of the 
bishops, none are so fond of it as they ; and 
it is preached up as an inherent right of the 
crown, and what not. Let the tables be 
tinned but a little, aud a few presbyterian 
ministers indulged, and some restraint laid 
upon their persecuting spirit, " nature rebels 
against principle," and the passive prelates 
alter their note. How happy a thing is it, 
when all matters and persons are kept 
within their just and reasonable limits and 
boundaries ! 

Such a paper as this could not but very 
soon make a noise, being so plain an attack 
upon the managers; and so I find, upon the 
last of September, the council have this 

* " A copy of this was procured by indirect 
methods, and it was sent up to court. As soon 
as the king saw it, he said it was a new western 
remonstrance, and he ordered that Burnet should 
not be suffered to come to the parliament, and that 
he should be proceeded against as far as the law 
could cany the matter.'' — Burnet's History of 
his Own Times, vol. i. p. 417. " Nor was thi3 
paper," says Sir George Mackenzie, " less sedi- 
tious than the remonstrance, nor the archbishop 
of Glasgow, more innocent than James Guth- 
rie, for both equally designed to debar the king 
from interposing any way in the affairs of the 
church." History of Scotland, pp. 157,158. — Ed. 

affair before them. I shall insert 
their own words. " The lords of 
privy council being informed, that, in the 
late synod holden at Glasgow, some papers 
were agitated, debated, and passed, under 
the name of petition, remonstrance, or griev- 
ances, which may tend, in the consequences 
thereof, to the prejudice of his majesty's 
authority, and of the peace of his govern- 
ment; they do therefore recommend to, and 
require the lord archbishop of Glasgow, 
forthwith to call for the foresaid papers, in 
whose hands soever they be, and to present 
them before the council, at their meeting 
October 14th next. As also, that he require 
Mr James Ramsay, dean of Glasgow (the 
deans of Hamilton, where he now was, were 
deans of Glasgow likewise, as I am told) 
and Sir Arthur Ross, parson of Glasgow, 
who were the persons who formed and 
drew these papers, and were nominated for 
presenting and prosecuting the same, to 
compear before the council the same day : 
and further, require the archbishop to 
produce before the council, the day foresaid, 
the clerk of the synod, and the public 
records thereof, with all the minutes, votes, 
and acts passed therein ; and that he take a 
special care that no copies be given of these 
papers, nor no further proceeding therein, 
nor prosecution thereof, until the lords of 
his majesty's privy council, having seen and 
considered the same, give further orders 
thereanent." I find the archbishop is in 
this sederunt of council, and it is the last 
time I find him there for several years. 
Upon October 14th, the commissioner Lau- 
derdale produceth before the council, a 
paper sent by the archbishop of Glasgow ; 
and, after reading it, it is remitted to the 
consideration of the following committee, 
duke Hamilton, earls of Tweeddale and Kin- 
cardine, the register, advocate, and the 
chancellor, who is supernumerary. Their 
report is made, October 16th; and the 
council form the following act " condemning 
a paper passed in the synod of Glasgow." 

" Forasmuch as the lords of his majesty's 
privy council being informed, that in the 
late meeting of the archbishop, and a part 
of the synod of Glasgow, there was a paper 
agitated and passed, in name of the arch- 





bishop and synod, tending, in the 
consequences thereof, to the preju- 
dice of his majesty's authority, and the peace 
of his government, did ordain the same to 
be produced before them : which being 
accordingly now done, and owned by the 
archbishop, dean, and parson of Glasgow, 
to be the true paper; and the council having 
considered the same, and having also con- 
sidered the depositions of the said dean and 
parson of Glasgow, who were employed in 
the drawing thereof, do find and declare the 
same to be, in itself, a paper of a dangerous 
nature and consequence, tending toward the 
depraving of his majesty's laws, and miscon- 
structiiig of the proceedings of his majesty 
and his council, and in the manner of con- 
veying thereof, to be most illegal and un- 
warrantable; and do therefore ordain the 
same to be suppressed, and no copies thereof 
to be kept by any; and discharge all his 
majesty's lieges, of what quality or function 
soever, from owning or countenancing the 
said paper, or any other paper or purposes 
of that nature hereafter, under the pains 
contained in the acts of parliament made 
thereanent; and desire his majesty's com- 
missioner, humbly to offer his majesty an 
account of their proceedings in this matter, 
together with the paper itself, to the end 
his majesty may declare his further pleasure : 
and ordain the clerks of council to deliver 
up to his majesty's commissioner, the prin- 
cipal paper passed in the synod of Glasgow, 
with the depositions of the dean and parson 
of Glasgow thereanent, and an extract of 
this act of council to be transmitted to the 

When this matter was considered by the 
king, a letter came down about December, 
laying aside archbishop Burnet from acting 
any more as archbishop of Glasgow. He 
must submit to the royal supremacy, the 
author of his being, as a bishop. His own 
vote, that the management of the external 
government and policy of the church, and 
the ordering of all church affairs belonged 
to the crown, bound liim down to this piece 
of passive obedience.* Accordingly, Ja- 

nuary Gth, 1 670, the commissioner represents 
in council, that the archbishop of Glasgow 
had demitted his office and dignity in his 
majesty's hands, and desired his name might 
be put out of the rolls of council, as being 
no more a member of it. Mr James Bam- 
say dean of Hamilton, and Mr Arthur Ross 
parson of Glasgow, the bishop's great tools 
in the remonstrance, were examined very 
narrowly by the council ; and as we have 
heard, declared all they knew, upon oath ; 
and, after having owned their fault, and got a 
reprimand from the council, the king pardons 
them, and they are remanded back to their 
charges : but the archbishop is made a sacri- 
fice to the royal supremacy, and falls, for a 
while, a kind of joint confessor with suffering 
presbyterians. Nee lex estjtistior til/a, &c. 
And, for some years, Mr Robert Leighton, 
bishop of Dumblane, had the archbishopric 
of Glasgow in commendam, till Burnet was 
restored again ; which, as was then believed, 
was by gross simony. And that I may cast 
the whole of this together, the archbishop's 
restoration was said to be thus. The 
bishop's daughter -was married to the heir 
of the estate of Elphinston, and had a very 
large annuity secured upon the estate ; her 
husband died very quickly from her: the 
gentleman who fell next to the lordship of 
Elphinston, came in suit of my lord Hal- 
toun's daughter. My lord knew very well 
how to bestow his children, and Mas unwil- 
ling to engage in an estate so considerably 
burdened with the bishop's daughter's join- 
ture. At length this expedient is fallen on; 
the young lady is prevailed upon to give a 
discharge, and make a renunciation of her 
jointure upon Elphinston's estate, and my 
lord Haltoun found means to get the arch- 
bishop her father restored to his office and 
benefice. This made some say, that the 
bishop's money, who gave his daughter an 
equivalent, was taken, and that of Simon 
Magus was not. From this account Ave 
may notice, how much a Btranger to this 
affair Mr Collier is, in the narrative he gives 
of it, vol. ii. p. 8f>5. Justly enough he 
observes, that tiie act assertory of the king's 

* Burnet remarks, " by the act <>t' Bupre- out M>lic>|>s at pleasure. This had its fust effect 
macy, the king was now master, and could turn on Burnet, who was offered a ]>eiiM<>n if he 




supremacy, " is penned in strong compre- 
hensive language :" but what follows does 
not agree with the facts already laid down. 
" By virtue of this act, Burnet, archbishop 
of Glasgow, was dispossessed of his see, and 
Dr Leigh ton put in his place. This re- 
move was made by the high commissioner, 
Lauderdale. However, the court being 
sensible that this was pushing the regale to 
an unusual extent, gave Leighton only the 
title of commendator of Glasgow till arch- 
bishop Burnet was prevailed with to sign a 
resignation : but this being looked upon as 
an involuntary cession, the Scottish bishops 
were shocked at it. The archbishop of 
Canterbury likewise, and the rest of the 
English prelates, thought the common in- 
terest of their order affected, and that the 
episcopal authority was struck at in the 
Glasgow precedent. In short they solicited 
so heartily in the cause, and represented the 
business in so persuasive a manner to the 
king, that his majesty revoked his proceed- 
ings, and archbishop Burnet was restored." 
This considerable change in the diocese 
of Glasgow made some alteration in the 
treatment of presbyterians in the west, as I 
shall next year have occasion to observe : 
and particularly, it seems to have opened a 
door for the setting at liberty the west 
country gentlemen, who had been so long 
under confinement. Burnet had been a most 
violent pusher of the persecution ; and it was 
generally believed, that it was through his 
influence, and from some base design he had 
in view, that several of them were incarcerate 
in the (year) 1665. This is certain, that he 
had been at court ; and, as soon as he came 
home, warrants were issued out for appre- 

would submit and resign, and was threatened 
to be treated more severely if he stood out. He 
complied, and retired to a private state of life, 
and bore his disgrace better than he had done 
his honours. He lived four years in the shade, 
and was generally much pitied. He was of him- 
self good natured, and sincere, but was much in 
the power of others. He meddled too much in 
that which did not belong to him, and (which) 
he did not understand, for he was not cut out 
for a court or for the ministry, and he was too 
remiss in that which was properly his business, 
and which lie understood to a good degree, for 
he took no manner of care of the spiritual part 
of his function." — Burnet's History of his Own 
Times, vol. i. pp. 421, 422. — Ed. 


hending- Cuniuo-hamhead, Powallan, 
and Nether-Pollock, and the others 
before named. The gentlemen were living 
peaceably at home, expecting no such treat- 
ment, and a reason was never given them, 
why they were imprisoned ; and, by all the 
informations they could have, the archbishop 
was the spring of all their trouble. The 
three just now named, we have heard, were 
continued under confinement, when others 
got out upon the bond of peace, 1668 : and, 
towards the end of this year, as far as I 
can guess, they gave in the following suppli- 
cation unto Lauderdale, who was commis- 
sioner and secretary. 

" To the right honourable the commis- 
sioner his grace, the humble supplication of 
Sir William Cuningham of Cuninghamhead, 
Sir William Mure of Rowallan, and Sir 
George Maxwell of Nether-Pollock, show- 
eth, — That whereas, being detained more 
than these four years prisoners, to our 
heavy prejudice in our persons, families and 
affairs ; and seeing we are, through the 
grace of God, still resolved to continue in 
all faithful duty and loyalty to our dread 
sovereign, and due respect to the peace and 
welfare of the kingdom ; may it therefore 
please your grace, in consideration of the 
premisses, to order our releasement; where- 
by your grace shall not more evidence his 
majesty's goodness, and your own affection 
to his majesty's service, than oblige, to all 
thankful acknowledgment, your grace's most 
humble supplicants and servants, 

" Cuninghamhead,, 
Nether- Pollock." 

The reader will observe with me, the 
caution and faithfulness of those honourable 
and excellent confessors for the truth, and 
presbytery. Like good subjects as they 
were, and still had been, they engage to 
continue in all faithful duty and loyalty to 
the king, and due respect to the peace of 
the kingdom : and yet, as became covenanted 
presbyterians, they prudently keep them- 
selves free of any promises to subject to, or 
approve the supremacy and constitution of 
the church. Upon this supplication, Lau- 
derdale, as commissioner and great manager, 





orders their liberation from Stirling' 

castle, where, I think, all the three 
were. I suppose it was much about this 
time, that the other two worthy gentlemen, 
Sir James Stuart, and Sir John Chiesly, 
were liberate, since I find no more account 
of them in the council registers after this 
year ; but I have no particular accounts of 
the circumstances of their liberation. 

Nothing more remarkable offers this year, 
unless it be two attempts made upon curates 
by some persons in the end of the year; 
some hints of which I find in the council- 
books. " Upon October 20th, the privy 
council being informed of a horrid insolence, 
committed upon the person of Mr John 
Row, minister at Balmaclellan in Galloway, 
do ordain all accessory to it, to be cited in 
to Edinburgh, to compear before the coun- 
cil ; and likewise the parishioners of Balma- 
clellan, to hear and see themselves fined, 
and otherwise censured, according to the 
acts of council in March and June, 1667." 
Mr Row's complaint bears, that three per- 
sons upon the 30th of September, came 
into his house in women's clothes, about 
nine of the clock at night, and took him out 
of his bed, and beat him, and broke up 
trunks, presses, &c. and took away what 
they pleased. All this is libelled, and Mr 
Thomas Warner, James Grier of Milmark 
his father in law, Gordon of Holm, Gordon 
of Gordonston, John Carsan, and James 
Chalmers, heritors there, are charged as 
acters, committers, at least contrivers and 
assisters, at least, have since supplied or 
reset them. The diet being short, and the 
distance great, they came not up to the first 
day, and were all found guilty upon their 
non-compearance, and the heritors and life- 
renters of Balmaclellan are decerned to pay 
Mr Row one thousand two hundred pounds 
Scots, by the council, November 26th. As 
soon as these persons, and the other heri- 
tors from that parish could, they came to 
Edinburgh, and appeared before the council, 
and offered to stand their trial: but nothing 
could be proven against any of them, neither, 
as far as I can learn, were any of the parish 
concerned in that riot. However, the gen- 
tlemen were ordered to pay their shares of 
t tie fine imposed. Tins man Row was 

indeed a very ill instrument in the severities 
in that country, and in a little time discov- 
ered what he really was, by apostatizing unto 

Another instance of this nature I find in 
a petition from Mr John Lyon, curate at 
Orr, in that same country, November 26th. 

He complains, that upon the day of 

November, three persons came in disguise to 
his house, dragged his wife out at the door, 
and searched for himself, but missed him, 
and spoiled his house. The presbytery 
attests the account : and the council decern 
the parish to pay six hundred pounds to 
him, and order out letters against one John 
Smith, alleged to be concerned in this 




During this year, the presbyterians 
in the west had some breathing 
time, partly by the indulgence, and in part 
from the laying aside of archbishop Burnet : 
yet the indulgence was, piece by piece, cur- 
tailed, and rendered as uneasy as might well 
be, and conventicles were borne down very 
much, and several outed ministers brought 
to no small difficulties. The parliament 
which sat in July, made new and gravamin- 
ous laws; and this year is closed up with a 
cunning and ensnaring proposal from bishop 
Leighton, now enjoying the bishopric of 
Glasgow in commendam, for an accommoda- 
tion and comprehension. Those things may 
be materials for the following sections. 

Of the condition of the indulged, the perse- 
cution for conventicles, the hardships put 
upon severed ministers taut gentlemen this 

year, 1670. 

Win \ the indulgence could not be prevent- 
ed altogether last year, the bisliojis and 
their party, now endeavour to make it as 
uneasy to presbyterian ministers and people, 
:<s they can. As soon as the council had 

CHAP. V.] 



resolved upon the granting that favour, the 
prelates laid out themselves to their utmost, 
to prevent its taking effect in the places 
where it was designed. Vacancies in the 
south and west were planted with all pos- 
sible expedition, that so presbyterian minis- 
ters might not have access to them ; and 
they made no great matter who was put in 
upon the people, provided a presbyterian 
minister was held out. The curates when 
once planted, were by all methods kept in, 
though never so ignorant, vicious, or pro- 
fane. This I take to be one occasion of the 
insults of some angry people, upon some 
few of the incumbents, the end of the last, 
and this year, Avhich have and shall be 
noticed as 1 go through. Bishop Leighton 
indeed made some little efforts to try some 
of the curates under his inspection, but we 
shall find it was in a very superficial manner. 
It was only a very few parishes, providentially 
vacant, the indulged had access to, and 
several essays were made to get them outed 
even from these, and regular ministers, as 
they Mere termed, settled in them. Yea, 
even in some of the places to which the 
council named presbyterian ministers, me- 
thods «ere fallen upon to get in curates, 
before they came to them. One instance of 
this I cannot omit in the case of the rever- 
end Mr John Park, indulged to the burgh of 
Stranraer, which made a very great noise, 
and was decided most partially, the close of 
the last year or the beginning of this This 
worthy person was a man of great solidity, 
very sufficient learning, and is the author of 
the treatise upon Patronages, so well known 
in this church. The book was published, 
and, as I am informed, considerably enlarged 
by his son, Mr Robert Park, clerk to the 
general assembly after the revolution, and 
town clerk of Glasgow, a young gentleman 
of eminent piety, and great sufficiency in the 
civil and canon law, who was basely mur- 
dered in the clerk's chamber at Glasgow, a 
little after the revolution. To prevent Mr 
Park's return to Stranraer, the bishop of 
Galloway admits one Nasmith at that kirk, 
three days after Mr Park was indulged by 
the council. The town and parish would 
give no countenance to Mr Nasmith's ad- 
mission, but, as one man, adhered to tbfeir 

former minister. The bishop causes 
summon all parties in to Edinburgh, 
that the council might determine the com- 
petition. There favour was expected, and 

When Mr Park appears before the coun- 
cil, instead of the question of precedency 
between Mr Nasmith's admission and his 
act of indulgence, which was the point upon 
which he was cited ; Mr Nasmith libels 
Mr Park for causing lock the church doors 
against him, after his admission by the 
bishop ; the falsity of which Mas made 
appear by many of the people of Stranraer, 
cited in for their adherence to Mr Park. 
Further, he accused Mr Park of engaging 
several gentlemen about to leave their 
churches, and come and hear him ; and of 
seditious doctrine. The witnesses adduced 
proved nothing, and Mr Park entirely vin- 
dicated himself; notwithstanding very mean 
and base methods used to circumvene the 
witnesses upon oath, with captious and invol- 
ved questions, such as, " Did not you hear 
Mr Park pray ? ' Lord pluck up every plant 
which our Father in heaven hath not plant- 
ed,' meaning the bishops." Yet all would 
not do, and the committee to M'hom the 
consideration of the libel Mas remitted, 
brought in the libel not proven. At length 
the council come to the competition, and 
when it was alleged for Mr Nasmith, that 
his presentation Mas prior to Mr Park's, 
and ansMered by Mr Park, That it Mas a 
non habente potestatem, the king being pa- 
tron, and the bishop having most illegally 
taken upon him to present ; and although 
Mr Park's act M r as evidently prior to Mr 
Nasmith's admission, yet such was the jus- 
tice of these times, that the council without 
ever so much as hearing Mr Park upon 
that head, determine the preference to Mr 

To return to the ministers Mho got access 
when they Mere settled in their charges, 
they soon came to understand their case, 
and straitening circumstances, to be worse 
than they expected. Indeed I find, the 
council, upon the first of January this year, 
order the payment of their stipends : and 
their act runs, " The council being resolved, 
that the ministers allowed to preach shall 




have the stipend for the year and 
crop 1669, order it to he paid: and 
as to the Ann due to some of the relicts 
and ministers, they ordain eight hundred 
merks to be paid by the collector, and four 
hundred if only half a year was served for." 
But then hardships in abundance were put 
upon them in the exercise of their ministry 
The prelates complained to the council, 
that the indulged ministers lectured and 
expounded a portion of scripture to the 
people before forenoon's sermon ; which, as 
it had been most iniquitously laid aside by 
the prelatic preachers since the restoration, 
so they alleged it was a hurtful innovation, 
and what the indulged had no warrant from 
authority for. They further complained, 
that such persons were not allowed by them 
to sit iu their sessions, who had joined in 
discipline with the conformist ministers. 
What ground there was for the last com- 
plaint, 1 have not learned; it is not impro- 
bable they would choose persons, as firm to 
presbyterian principles as they could, to be 
members of their sessions. 

It is very true the indulged, generally 
speaking, did lecture, unless, it may be, in 
the winter season, when the day was so 
short, that a lecture and two sermons 
could not be kept up, without casting the 
people at distance very late. And I am 
informed, that the ministers met together 
after getting the indulgence, and agreed to 
keep up lecturing, and begin where they 
left in explaining- the scripture, when forced 
from their churches. They knew, that the 
laying aside lecturing, was one of the badges 
of conformity, since the (year) 1662, and 
were much persuaded, that this manner of 
expounding of scripture was very useful and 
instructive to their people, and had been 
the constant practice of this church, and is 
recommended in the Directory compiled ;it 
Westminster, and approven by our general 
assemblies. Those they took to be suffi- 
cient grounds to continue in this practice. 
However, the council discharge it by their 
act, January f .'itli, as follows. " The coun- 
cil understanding, that several of the minis- 
ters allowed by their special warrant to 
preach, do use, before they begin their 
sermon, to lecture upon some part of the 

scripture; and considering that this form 
was never used in this church before the 
late troubles, and is not warranted by au- 
thority, do discharge the same, with certifi- 
cation, that if they continue to use it, 
they shall be discharged the exercise of 
their ministry within this kingdom : and 
order extracts of this to be sent to each 
minister." That the indulged ministers 
were not warranted by authority for lectur- 
ing, is a mere fetch of the bishops. They 
are plainly warranted to " exercise all the 
functions of the ministry," as well as to 
preach; and though the prelates and their 
underlings had laid aside this practice, yet 
that made it not the less a very proper work 
of the ministry. How far the matter of 
fact is true, which the bishops make the 
council to say in their act, that lecturing 
was not used before the (year) 1638, in 
this church, I do not know : but this I have 
remarked, that many of the sermons of our 
reformers and ministers, after the reforma- 
tion, were upon the matter lectures, and 
generally a good many verses were gone 
through, and apposite and practical notes 
raised from them, and these but very briefly 
applied. In short, no solid objection can 
be formed against this practice, nor any 
thing of weight brought ; unless we turn 
papists, and allege that it is dangerous to 
have people understand the scriptures, and 
that ignorance is the mother of devotion. 

We shall hear upon the following section, 
that a committee of council came west in 
April this year ; and, among other parts of 
their work, are empowered to try the car- 
riage of the indulged ministers in their 
congregations. What relates to the ex- 
amination of the indulged, I shall bring in 
here, and leave other things they did, to 
their own room. This committee \\as 
mostly urged by the bishops, to be a check 
upon the allowed ministers, and to persecute 
for nonconformity. Upon the accounts of 
this committee, the brethren who had 
accepted the indulgence, with a good many 
others who had not this favour, met together 
to consider what was fit to be done upon 
this new emergent. They foresaw they 
would be challenged for lecturing, which 
was prescribed by the approven Directory, 

CHAP. V.] 



and which is more agreeable unto scrip- 
ture institution. They were now in casit 
confessionis, and it was the general opinion 
of the meeting, they should keep it up. 
However, I am informed there had been 
different practices among- them, as to this 
public exercise. Some were settled in the 
winter time, and had forborne it, and others 
were said to have had some notice of 
trouble designed against them upon this 
score. Others altered their former way, 
and, instead of one chapter, or a part of a 
large one, read two or more chapters, as 
what was nearest the prescription in the 
Directory; and were blamed by some for 
taking this juncture to alter their method. 
Others read a whole chapter, and pitched 
upon some verse of it for their text, and, in 
opening the text, explained the context; 
and some lectured in place of the after- 
noon's sermon.* Those different practices 
neither satisfied the committee of council 
when inquired into, nor were all their 
hearers pleased with them. Their manage- 
ment now was extremely difficult, and the 
lives of these excellent persons were made 
some way bitter to them, through hardships 
upon all hands. Mr John Livingstone, in 
his letter this year to his flock at Ancrum, 
censures them for their falling into those 
different ways, and yet puts a high enco- 
mium upon the ministers themselves. 

When the committee came to Glasgow, 
in April, the indulged ministers in that 
neighbourhood were called before them, and 
interrogated one by one, whether they had 
baptized or married any out of their own 
congregations without testimonials : and 
especially, whether they had lectured since 
the council's act discharging it. According 
to their different practices they answered, 
and generally they told, that they read and 
explained a chapter or two, but kept within 
half an hour. When they were asked, 
what they resolved to do in time coming, 
by the president duke Hamilton, one of 

* Mr Wodrow has already told us that he 
does not consider the indulgence as forming any 
part of the sufferings of the church of Scotland. 
\Ve should have been glad to know what he 
made of all this. — Ed. 

them said, that they would do as 
they had done formerly, which he 
hoped their lordships would not be offended 
at. All of them subscribed their answers, and 
were dismissed. Next week the committee 
went to Ayr, and the indulged ministers in 
that shire appeared before them. There mat- 
ters passed much the same way as at Glasgow. 
As to lecturing, they gave a naked represen- 
tation of their practice ; and as to the time 
to come, they answered, they would con- 
tinue in reading and explaining scripture, as 
far as time would permit ; and signed their 
answers. It was generally expected, that 
when the report was made to the council, 
all their licenses would be taken from them ; 
but the Lord had more work to do by them, 
and moderate measures prevailed. This is 
what I have observed this year anent the 

I come now to take a view of the proce- 
dure of the managers against conventicles, 
and the sufferings of considerable numbers 
of good people upon this score. Lauder- 
dale, in urging the indulgence, alleged, it 
would be the most effectual way to bear 
down conventicles ; and accordingly it was 
given to such ministers as were reckoned 
the wisest, and of greatest reputation, and 
in such parishes where the people, and espe- 
cially the heritors and gentry, were most 
inclined to the presbyterian establishment. 
Meanwhile new proclamations, and severe 
executions of the former, against conven- 
ticles, were urged and effectuated this 
year. Afterwards we shall meet with the 
acts of parliament in this matter : I come 
here to consider the procedure of council. 

January 13th, the commissioner orders 
the instructions to the forces, November 
1667, noticed above, to be sent again to the 
soldiers, with this additional clause, added 
by the council, to the officers. " Upon 
notice of any numerous conventicle kept 
since November 1st last past, or to be kept 
hereafter, you shall do your utmost endea- 
vour to seize the minister, and send him 
into Edinburgh with a party, and the 
names of such as can bear witness in the 
thing. You are also to seize the most 
considerable heritors and tenants present, 
and require bond and caution to appear 




before the council at a certain day ; 

and if they refuse to give surety, send 
them in with a party, with a list of persons 
who can witness against them." This instruc- 
tion made the soldiers very severe, and, with 
what followed, both forced ministers and 
people to the fields, where they had better 
access to disperse than in a house, and put 
some to bring arms with them, to defend 
themselves and their ministers. Those 
instructions are followed with a printed 
proclamation against conventicles, agreed 
upon in council, which I have insert, at the 
foot of the page.* The reader will observe, 
that it runs a little more severe than the 
former papers of this nature. I shall not 
make large remarks upon it. The army are 
hounded out upon presbyterians by the 
instructions just now spoken of, and the 
whole magistrates through the country 
joined with them in this persecution. The 
country is oppressed, and the soldiers 
encouraged, by the large sums paid them 
when engaged in this work ; and, as was 
observed, this violence obliged ministers and 
people to take the fields, and defend them- 
selves the best way they could. 

The council being informed, February 
1 Oth, that two numerous conventicles were 
kept lately in and about Kirkintilloch, a few 
miles east from Glasgow, send orders to 

* Proclamation anenl conventicles, February 3rd, 
Charles, &c. Forasmuch as we have taken 
into consideration the disorderly carriage of 
several heritors, outed ministers, tenants, and 
others of the commons within this kingdom, hy 
their keeping of conventicles, and baptizing of 
their children by persons not publicly authorized 
and allowed, which not only foments and 
nourishes separation and schism, but tends to 
sedition and disturbance of the public peace : 
we therefore) with advice of the lords of our 
privy council, do hereby require all sheriffs, 
Stewarts, bailies of regality, and their deputes, 
magistrates of burghs, in their respective 
bounds, and commissioners of the militia, to 
inform themselves where such conventicles have 
been kept, since the 19th day of October last, 
or shall happen to be kept thereafter, and to 
call before tbem the ministers who have preach- 
ed, or shall preach at them, the heritors, and 
substantial tenants who have been or shall he 
present, or have had their children baptized 
since the said 1 9th day of October, or .shall 
procure them to be' baptized by any not 

allowed or authorized t • • do the same, and ac- 
cording as they shall find any of them guilty, 
that they take caution of them for their appear- 

the earl of Linlithgow, who gave the infor- 
mation, to seize the persons of Mr James 
Hamilton and Mr Mitchell, who preach- 
ed; and send them into Edinburgh ; but I d< 
not find they were at this time catched. 

In the beginning of March, the council 
call for the magistrates of Edinburgh, and 
give them up their bond last year aneut 
conventicles, and require them to give 
another in the same terms for this year. 
They very willingly give it. And in prose- 
cution of this obligation against conven- 
ticles, April 7th, the same magistrates are 
ordered to search for and seize the persons 
of all the outed ministers within the town, 
excepting such as have warrant from the 
privy council, and to imprison them. And 
such as have warrant are to enact them- 
selves under bond and caution, not to keep 
conventicles during their stay there; and if 
they refuse, immediately to imprison them. 

The council's committee sent to the 
west country in April this year, as we shall 
find by their instructions, are appointed to 
inquire into conventicles, and punish them. 
I have but very few accounts of their pro- 
cedure; only at Glasgow the curates gave 
in lists of considerable numbers in their 
respective parishes, who Mere guilty of 
nonconformity, and alleged keeping of con- 
venticles ; and some were fined upon these 

ance before the council, whenever they shall 
be called; and in case any of them be called 
before the said sheriffs, Stewarts, bailies, or 
magistrates foresaid, and compear not, or com- 
pearing shall refuse to give caution, that they, 
with the advice or concurrence of the captain, 
lieutenant, or cornet of any of the militia troops 
of the shire, seize upon their persons, and send 
them to the lords of our council by a party, 
which party shall be paid at 18 shillings Scots a 
day for each horseman, and three shillings Ster- 
ling for the officer who shall command from the 
time of their setting forth till their return, and 
that they send along with them any process or 
evidence they have received of their guiltiness, 
and ordains the said sheriff, Btewart, bailie, 
magistrate, or commissioner of militia from time 
to time, to give an account of their diligence to 
our council. 

RoTHBS, Chancellor, IIai.kkhtos, 
Marshall, Bkllkndbn, 

Hamilton, Will. Drummond, 

Morton, John Nisbkt, 

AtHO] i , LoCKHART, 

An. i v, 1 1 imf, 

Twi I DOAl I . Cll. IM A 1 1 i 

DttKDONALn, Wauchop, 

■ s i m I All;. ltOBl Ki -Mil: i:\\ . 


scores, but particulars I have not been able 
to recover. 

Elizabeth Cuningham, Lady Hilderston, 
I find, May 12th, is fined by the council in 
tour hundred merks, for one conventicle 
kept in her house; and several persons 
were brought to trouble for that same 
meeting. Nicol Gardner, merchant in Edin- 
burgh, is fined in two hundred pounds, for 
bajitizing a child of his there ; and which 
was far more uneasy to him, and hard in 
itself, he is ordained to lie in close prison 
until he discover who was the minister. 
And further, James Clarkson, Archibald 
Henry, William Leick, merchants in Edin- 
burgh, and David Jamie, tailor there, are 
fined in one hundred pounds each, for being 
at the said house-conventicle. Had the 
managers got as much for every house- 
conventicle, they would have soon gathered 
in all the money in Scotland. And over 
and above all these, I find the council, this 
same sederunt, fine the magistrates of Edin- 
burgh, according to their bond, in fifty pounds 
sterling, and allow them reparation from such 
of the inhabitants as they shall find guilty. I 
shall have occasion, ere I end this section, to 
notice some harassiugs for two or three 
remarkable field-conventicles in June and 
July this year; so here I only notice 
Robert Burns in Glasgow, fined by the 
council, July 29th, for the above mentioned 
conventicle at Kirkintilloch, in a hundred 
merks. I observe for some time most part 
of the fines are appointed by the council to 
be given to the widows and children of 
ministers who suffered for their loyalty 
before the restoration ; who these were, 
hath been noticed, ministers deposed for 
error, scandal, insufficiency, and malignancy. 

Upon the 11th of August, the council 
come to lay down methods for suppressing 
conventicles, and examining the ministers 
who shall, in time to come, appear before 
them upon that score, which I give here 
from the registers. 

Apud Edinburgum, August Wth, 1670. 
" Sederunt, the lord commissioner his grace, 
chancellor, St Andrews, privy seal, Len- 
nox, Hamilton, Morton, Caithness, Mur- 
ray, Athole,Linlithgow,Dunfermline,r\OX- 



burgh, Kellie, Dumfries, Weems, 
Airly, Annandale, Tweeddale, 1G?0 ' 
Kincardine, Dundonald, Drumlanri"-, 
Yester, Belhaven, Duffus, Bellenden 
president of session, register, advocate 
justice-clerk, Lee, Haltoun, Niddry, Sir 
Andrew Itamsay. 

" The lords of the committee appointed 
for considering of the fittest ways and 
means for suppressing of conventicles, having 
brought in several proposals to the council 
thereanent, to be offered to the articles ; as 
also anent the assaulting of ministers' per- 
sons and houses, and disorderly baptizino- of 
children ; the same being considered, agreed 
to, and voted, were appointed to be trans- 
mitted to the lords of the articles. 

" The committee having offered it as 
their opinion, that the interrogatories under- 
written should be put to such ministers as 
should be called before the council, the 
same being agreed to, were ordered to be 

" 1. Do you ordinarily resort to the ordi- 
nances in the parish church where you live, 
and are you resolved to do so in time 
coming? 2. Have you kept any conven- 
ticles since Michaelmas last, either in houses 
or the fields; and are you resolved to 
forbear for the future, and to live according 
to law, as to that point ? 3. Such ministers 
as have lived orderly, or will promise to live 
orderly in time coming, are to be dismissed 
without putting any judicial declaration to 
them ; the clerk being to mark what they 
promise thereanent. 4. The declaration 
following is to be put to such as have lived 
orderly, and yet will not agree so to do 
for the future. ' I, A. B. promise that I 
shall ordinarily frequent the ordinances in 
the parish church where my residence shall 
be for the time, and that I shall not preach, 
nor assist either in houses or in the fields 
at any conventicles.' 5. Such as have not 
lived orderly, nor will engage to live 
orderly, and to forbear to be present at, or 
keep conventicles in the future, the follow- 
ing declaration is to be put to them. ' I, 
A. B. oblige myself, I shall not, upon any 
colour or pretext whatsomever, rise in arms 
against the king's majesty, or any having 
his authority or commission, nor shall assist 




, „„„ nor countenance any who shall so 

1670. . . „ « i -i. j 

rise in arms. 6. such as are cited, 

and do not compear, are to be declared 
fugitives. 7. Those who refuse the first 
declaration, are to be confined ; and those 
who do not give the second, are to be put 
in prison, and thereafter banished." — What 
use was made of these proposals will best 
appear from the severe acts of parliament 
made this year, which I leave to a section 
by themselves. 

By this time the reader hath some view 
of the trouble a good many were brought 
unto for conventicles during this year, and 
we shall meet with some things yet harsher, 
if once I had considered the harassings of 
some of the outed ministers, and presbyte- 
rian gentlemen. Among the ministers, the 
order of time leads me to begin with the 
reverend Mr Andrew Morton, minister of 
the gospel at Carmunnock, in the shire of 
Lanark. He had been outed from his parish 
with the rest of his brethren, and living oft- 
times at Glasgow, now and then he did 
preach and keep conventicles among his 
parishioners. Upon information by Mr 
Robert Boyd, curate there, he was, by an 
order from the commissioner, apprehended, 
and brought into Edinburgh, and January 
14th, I find the council order " the magis- 
trates of Edinburgh to receive the person of 
Mr Andrew Morton prisoner, and keep him 
close from all company." There he is 
brought before the earl of Kincardine, and 
the king's advocate, and asked, if he had 
preached at Carmunnock since he was 
silenced ? He acknowledged he had. His 
examinators blamed him very hard for con- 
tempt of the law, and breaking a settled 
congregation. lie replied, that he con- 
temned not the laws, but reckoned there 
was a great necessity of preaching the gos- 
pel, when ignorance and profanity abounded, 
and many souls were perishing for lack of 
knowledge; and added, lie had not broken 
the congregation, for they had withdrawn 
from the present incumbent, before he 
preached among them. They further ques- 
tioned him, how many had heard him? He 
answered he could not tell : they then asked, 

who had heard him, and in whose house 

lie had preached y To tliis his return was, 

it was hard to make him inform against 
others; and he hoped and entreated their 
lordships would forbear him in this, since 
he so ingenuously confessed in what con- 
cerned himself. They made him sign his 
answers. When those where laid before the 
council, he was called in, and they were read 
to him, and the chancellor pronounced his 
sentence, that he was to be continued close 
prisoner in Edinburgh, until he should be 
transported to Stirling Castle, there to re- 
main during the council's pleasure. Accor- 
dingly, January 27th, I find him sent by the 
council's order to Stirling, and there he 
continued prisoner until the 3d of Novem- 
ber, when by reason of bodily indisposition, 
contracted by this confinement, he was lib- 
erate, and confined to his own house at 
Glasgow, during pleasure And he enacted 
himself to compear when he should be 
called ; and during his abode at Glasgow, 
he preached almost every day to such of the 
citizens as came to hear him, except the 
Wednesday, which he reserved for the 
people of his own congregation, who, being 
within four miles, came iu in good numbers 
that day, and he preached to them. 

Much about the same time, Mr Hugh 
Archibald, Minister at Strathaven, and Mr 
John Rae, minister at Symington, in Bio-o-av 
presbytery, were apprehended, for preaching 
and baptizing in houses, and sent in to 
Edinburgh; and, after some examination, 
were sent to Stirling likewise. I find, 
March 3d, Mr John Rae is ordered by the 
council to be carried from the tolbooth of 
the Canongate, to Stirling Castle. I have 
no more about them. 

Mr George Johnston, minister at New- 
bottle, is seized in April at Edinburo-h ; 
and the council's act anent him is, " The 
lords of privy council being informed of 
frequent conventicles kept in Edinburgh • 
and the magistrates having, in obedience to 
an ordinance of council, presented Mr 
George Johnston, late minister al Newbottte, 
before them, and he having refused to engage 
himself not to keep conventicles, banish 

him from Edinburgh, and confine mm to 

the parish of Borthwick during the council's 
pleasure; and order him to enact himself to 

keep his confinement : which he does. The 

CHAP. V.] 



town of Edinburgh had been a great shelter 
totheouted ministers; and, we have heard, 
that the council, about this time, had order- 
ed the magistrates to turn them all out. A 
list of them had been given in by the bishop, 
and by the council put into the provost's 
hands. When he sent the town officers to 
seize them, none was found but Mr George 
Johnston, whom, though a very near relation 
of his own, he presented before the council. 
When Mr Johnston was examined, he 
owned his preaching upon week days, and 
the Lord's day after four o'clock, when 
public worship was over; and when he 
would not engage, as above, he is banished 
the town, and confined to Borthwick. The 
provost sent orders to the houses of the 
rest of the presbyterian ministers in town, 
to remove their families presently out of 
town, and never to return to it, without 
giving him account, and signifying the places 
where they lodged, upon the highest pains: 
and further, ordered soldiers presently to 
go and quarter in their houses, till they 
removed. Thus their families were frighted 
and insulted, and some of them in danger 
of their life. They were forced to seek a 
new shelter, and many of them did not 
know well where to go; but the Lord 
wonderfully provided for them. Upon 
November 24th, I find the council allow Mr 
George Johnston to come in to Edinburgh, 
for six weeks, about some necessary business 
he had to do : and before he leaves the 
town, his confinement to Borthwick is taken 
off; but he is discharged from coming to 
Edinburgh without permission, or living in 
the Canongate, or any of the liberties of the 

Other ministers were dealt by yet more 
hardly. August 1 1th, I find a decreet of 
the king's advocate, against Mr James 
Hamilton, late minister at Blantyre, Mr 
James Mitchell, Mr James Porter, Mr 
John Dickson, late minister at Rutherglen, 
and Mr John Blackadder, late minister at 
Traquair. They are libelled before the 
council, for making it their work to hold 
conventicles in houses and the fields ; and 
being, after citation, called, and not com- 
pearing, for the reasons already pointed at, 
they are all of them, in absence, denounced 


1 and put to the horn. This severe 
treatment of them and many others, 
put them under a necessity to wander up and 
down the country, and preach in the fields as 
they had access. About the 15th of August, 
Mr Robert Landass, after the revolution, 
minister of the gospel at Blantyre, and for 
some time in Glasgow, at this time, I think, 
but a preacher, was apprehended, and made 
prisoner at Edinburgh for six weeks. All 
they had to lay to his charge, was, that once, 
about a year ago, he had exercised in a 
private family. Upon the 29th of Septem- 
ber the council order his liberation. Mr 
Hugh Peebles, of whom before, was brought 
before the council, August 28th. Nothing 
could be proven against him: but when 
interrogated, if he would engage in time 
coming to keep no conventicles, nor to 
preach or exercise in any family but his 
own, he refused to come under any such 
ties. The council confine him to Dunbar- 
ton, and a mile round it. 

Some presbyterian gentlemen wanted not 
their share of suffering at this time. Feb- 
ruary 3d, I find, the laird of Kersland, who 
had been taken some time ago, after his 
forfeiture, is sent from Edinburgh to Dun- 
barton prison : and this summer, the laird 
of Meldrum, an officer of the guards, whom 
we shall frequently afterward meet with, 
apprehended several good people in the 
parish of Lochwinnoch, Kilbarchan, and 
Kilmalcom, in the shire of Renfrew, and 
put them to very great trouble, for hearing 
the outed ministers. The laird of Johnston, 
in Renfrewshire, for having Mr John Stir- 
ling, who had been his parish minister at 
Kilbarchan, in his house, and hearing him 
preach once to his family, was apprehended, 
and brought before the chancellor, where it 
was like to stand hard with him. With 
difficulty his friends got him liberated, upon 
his giving a bond of five thousand merks, to 
compear when called. The reverend Mr 
John Stirling very narrowly escaped from 
his own house, and was diligently searched 
for by the soldiers, but got off happily. 
Several others of the outed ministers were 
troubled this year; but all the particulars 
would run this account to a very great length, 
and the above mentioned instances may 




suffice. Nevertheless, the word of 
the Lord was not bound, and pres- 
byterian ministers could not, even under all 
those difficulties, forbear to pity the crying 
necessities of the people who had not access, 
to the churches of the indulged, and were 
daily growing in their aversion to the estab- 
lished clergy, the longer they were among 
them. And it was owned, even by some who 
were not friends to presbyterian ministers, 
that in their sermons in houses and fields, 
they were remarkably countenanced of the 
Lord, and blessed with many seals of their 
ministry, in the conversion of many, and 
edifying those who were brought in. 

There was a letter handed about at this 
time, from a minister to his brother, en- 
couraging him to this work. It was sup- 
posed to have been writ by the reverend 
Mr John Carstairs; and being very sw r eet, 
and suitable to those times, I have insert it 
at the foot of the page.* The multitudes 

* Letter to a Minister, 1670. 
I take this occasion very kindly to salute you, 
and to tell you that I desire to be glad in the 
Lord, for the most refreshing comfortable report, 
after many sad and lamentable ones, that you 
with your brethren there are in good earnest at 
their work (as I know some of you have been 
of a good while), and that a wide door and an 
effectual is opened to you of the Lord, though 
you have many adversaries, which I nothing 
doubt but you have laid your account with, 
considering, that the serious and suitable use of 
such a mean hath always had a most formidable 
aspect on Satan's kingdom, as threatening to 
make it fall from heaven like lightning, would 
not miss to meet with the very utmost of his 
and his instruments' permitted opposition, 
which, when met with, will prove but a confir- 
mation and encouragement to you, more strenu- 
ously, vigorously, and valiantly to prosecute 
your work, your ancestors' work (sweet work), 
so much opposed and maligned by the devil, and 
wherein Jesus Christ hath such complacency 
and delight, as that which, in ordinary dispen- 
sation, he useth to bless for bringing about that 
which he usetli to account satisfaction for the 
travail of his soul. Who knows, if ye will hold 
his stirrup, but he may mount on his white horse 
yet once more, with his crown upon his head, 
and his bow in his hand, conquering and to 
conquer, even in Scotland, Immanuel's land, 
sometime the pleasant land, nay, the glory of 
all lands, where his adversaries have audaciously 
and malapertly essayed to dismount him, and 
pull bis crown off his head, and his bow out of 
his band. It seems it is coining to a pitched 
battle between Michael ami his angels, and the 
dragon and bisangela there. angels of Mi- 
chael, light, stand last, quit yourselves like men, 
under the colours and conduct of such a Captain - 
general, and so noble and renowned a quarrel, 

of people hungering after the sincere milk of 
the word, were so great, that in many places, 
houses would not contain them, and in 
others they wanted places to meet in; and 
when in houses, w r ere by far more in hazard 
to be surprised with the soldiers, than when 
in the fields. Upon these accounts field- 
meetings turned more frecpient this summer; 
especially, in places where there were none 
of the indulged ministers. Thus I find, 
October this year, Mi- John Blackadder 
preaching at Balcanquel, Mr John Dickson 

at Glenvail, and Mr David Hume at , 

all in the shire of Kinross. 

Field conventicles were most violently 
opposed, and the soldiers failed not to 
answer their instructions above narrated. 
Three meetings of this sort were no small 
occasion of persecution this year, and I shall 
end this section with some account of them. 
That which made the greatest noise, was 
the conventicle at Beeth-hill, in the parish 

wherein and in whom it were better (if possible) 
to be ruined, than to reign with his enemies, if 
all Cesars. Let none of their threatenings 
move you, and if it should come to that, let not 
your lives be dear to yourselves, in finishing 
your course with joy, and the ministry which 
you have received of the Lord Jesus Christ, to 
testify the gospel of the grace of God. Arise as 
mighty men of valour, go out to your work as 
under saviours upon Mount Zion, in the great- 
ness of his strength, and in the zeal of God; 
and from pure and unbiassed respect to his 
glory, and to the salvation of immortal souls, 
humbly, sincerely, and seriously cry, Where is 
the Lord God of Elijah? where are the more 
ancient and latter famous and faithful ministers 
of Christ in the church of Scotland ? where is 
that spirit wherewith these worthies were 
acted? who knows but he will show himself to 
be among you and restore somewhat of that 
spirit again to you? nay, if this be your mind, 
he will without all doubt be among you, and act 
you with another spirit than we have (alas) for 
most part been acted with in these fearful and 
fainting times; and if you should be imprisoned, 
exiled, or put to death, and so should seem (to 
prejudicate men) to be overcome, yet ye shall 
overcome by the blood of the Lamb, and by the 
word of your testimony, and by not loving your 
lives unto the death; nay, you shall by being 
thus overcome and conquered, be more than 
conquerors through him that loved you. O 
study to be in case (through close and constant 
following of that work) to say to your adver- 
saries, the prelates, and their inseparable sup- 
porten (against whom in their course, (if we 
have not mistaken God, his word, and way) he 
resolves to have war lor ever) in their perse- 
outing you for preaching the gospel, and beca u se 

you will not utterly renounce your Master's 
Commission, ami so incur the hazard of that 

CHAP. V.] 



of Dunfermline in Fife : it was kept by Mr 
John Blackadder and Mr John Dickson, 
about the middle of June, and a very con- 
siderable number of people were there. 

sad and dreadful wo pronounced against non- 
preaching of the gospel, when he calls to it; I 
say, study in following the Lord fully in this 
work, and in owning of it, to say to your adver- 
saries, You think to withstand the kingdom of 
the Lord in the hand of his Son Jesus Christ, 
and wished well unto by us his poor servants ; 
with you are, &c. Have you not cast out the 

E'iests of the Lord, the sons of Aaron and the 
evites, and have made you priests of such as 
come to consecrate themselves with, &c. But 
as for us, he is our God, and we have desired 
not to forsake him, we are the priests, the 
ministers of the Lord that wait on our business, 
and we burn to the Lord every morning, &c. 
and we keep the charge of our God, but ye have 
forsaken him, if so, then you may say humbly, 
yet boldly, behold, God himself is with us for 
our Captain, and we his ministers in his name, 
by the trumpet of this gospel which we preach 
(and dare not but preach while we have a com- 
mission and call), cry an alarm against you : 
fight not against God, for ye shall not prosper, 
nay, if they should prosper yet they shall not 
prosper. This begun preaching of the gospel 
looks (if suitably followed) to be a beginning of 
reviving in our bondage, and though bonds and 
deaths of persons should follow it, yet it will be 
a reviving of his work. O if poor, wretched, 
sinful, useless I were in capacity to share with 
you in this work, without its prejudice and 
yours, I think I should account it my glory 
whatever should follow. I know, my dearest 
friend, I might have spared this labour as to 
you, on whose heart this work is so much, and 
in whose heart his precious people are so much, 
even to live and die with them in following of 
this work; yet I say to you what is further in 
my thoughts (may I say on my heart) there 
hath no doubt been along all these trials, a spirit 
of fainting and cowardice among us, whereof 
we will all think shame when God shall (if he 
ever shall) restore that poor church to the light 
and sunshine of his reconciled countenance in 
Jesus Christ ; and it seems that he is now 
opening a door of some access to you in a good 
measure, to make up that which hath been 
wanting in some point of testimony. O won- 
der ! that after such wavering and declining of 
testimonies, he should ever any more give access 
to testimonies, and not send us off the stage 
under the just reproach, that we have not been 
valiant for the truth on earth. Dear sir, alarm 
all your brethren to observe, and not to let slip 
so fair an occasion, so glorious and golden an 
opportunity of a testimony, lest the holy, much 
provoked, and jealous God be put to swear, that 
henceforth there shall be no more time for a 
public and joint testimony. Again, it would 
be considered, how much we have of a long 
time coveted to have our trial stated on some 
clear and uncontroverted thing: is there not 
here a wonderful condescension of God, in 
stating it thus, even according to heart's wish ? 
What more clear ground of suffering for a 
minister of the gospel than this, when the long 
starved flocks long for preaching, love preach- 

When they were at public worship 
upon the Lord's day, a lieutenant 
of the militia in that place came up on 
horseback to the people, and made a great 

ing, and diligently wait on it : either utterly 
quit preaching, though I gave you a commission 
to preach, and though my poor flocks are starved 
without it, though I required (says Christ 
Jesus) as your great evidence of your love to 
me, to feed my sheep and lambs, especially when 
beaten from their food, and yet seeking after it, 
either quit (I say) preaching, and give bond 
that ye shall do it no more, or go to prison, yea, 
or be a perpetual prisoner. If this be an un- 
clear ground of suffering, or if, being clear, it 
shall, from lothness to surfer, and to be shaken 
out of ease, be darkened, and be misted with 
new framed and forged distinctions, I am afraid 
we shall hardly ever meet with that which shall 
be accounted a clear ground of suffering, and 
will withal manifest that it is mere fear and loth- 
ness to suffer that's with us all along, though 
palliated with some special pretences : but 1 am 
hopeful there is not a faithful minister in Scot- 
land (if not under the power of a dreadful 
temptation), that will come under such an obli- 
gation, he will no doubt make himself a close 
prisoner, and put his soul in irons, by declining 
on these terms to be a prisoner. Further, it 
would be considered, that there are several who, 
though they have their own good measure of 
peace in their minds, in suffering on some other 
accounts, and have some hopes (that though 
condemned by many men) yet God will in 
Christ Jesus graciously accept of them, even as 
to that thing, and have withal considerable 
acquiescence in, and satisfaction with their 
afflicted lot, they would (had it so seemed to the 
Lord) wished that their sufferings had been 
upon this account ; and if it shall be declined 
upon this most honourable account, it may fall 
to be stated in an account less for God's glory, 
lessfor his people's edification and establishment, 
less for the adversaries' conviction, and less for 
their own peace, than either this, or (it may be) 
some others would have been. O the jealousy 
of God ! Moreover it would be weighed well, 
whether, beside what the commission to preach 
the gospel, and the people's need calls, yea, cries 
for, and the humble confidence that ministers 
(though not the greatest disputants) may have 
in the Lord, to defend and justify their practice 
in this matter, having therein more particularly 
the promise of how and what to say in that 
hour ; I say, it would be well 'weighed, whether 
this piece of good and warrantable policy may 
not be used in faithful following the duty, to 
put the adversaries to discover themselves, who 
will in this case be either much perplexed what 
to do, and (it may be) constrained to forbear 
you, or put, when they have nothing to charge 
you with, but only preaching the gospel, in 
prosecution of your Master's commission, and 
out of compassion to the starved and slain souls 
of the people, there being nothing that looks 
like a way tumultuary and seditious, and rebel- 
lious motions and practice, ■with which odious 
imputations they have loaded others, put (I say) 
to declare themselves to the world, to be on a 
design of rooting out all faithful preaching of 
! the gospel by noncompliance, with this cursed 





deal of noise and disturbance, and 

spared not dreadful threatenings to 
fright, and, if possible, to scatter the people. 
One of the meeting steps to him, after he 
had entreated him to remove peaceably, and 
taking the lieutenant's horse by the bridle, 
pulled out a pistol, and told him, he would 
shoot him dead, if he was not silent: and 
whether the lieutenant would or not, he was 
compelled to sit peaceably upon his horse, 
until public worship was over ; and then he 
was left at his full liberty to go where he 
pleased.* Accounts of this horrid insult, as 

prelacy, and so put all the godly in the nation 
to a point, as to what may be looked for in their 
days, which may be no small advantage, espe- 
cially after so much talking of indulgence and 
liberty; yet suitable, Christian, and spiritual 
(not worldly and carnal, which hath much 
hurt us, especially where suffering appeared) 
prudence and circumspection would be used, 
and no needless irritation would be used, nor 
noise made, when a more quiet way may reach 
the end better, but the work would be closely, 
constantly, (and if it be possible) generally and 
harmoniously followed, though with all circum- 
spection, that they may know and be convinced, 
that it is not a few rash and inconsiderable 
persons (as they use to call them) that they have 
to do with, but the very body and generality of 
the serious, sober, nonconform ministers and 
people of the nation. Finally, it is not unworthy 
consideration, what a singular and signal pre- 
sence of God did wait first and last upon his dying 
and suffering witnesses, and what sweet hours 
several of his poor wanderers have had, even the 
best and sweetest in their life, though most of 
them have suffered upon accounts not so obvi- 
ously convincing and satisfying to many as this. 
O stir up one another to this good work, and to 
this good expression of love to Jesus Christ, and 
say humbly in much prayer to God, Behold 
their threatenings, and grant unto thy servants, 
that with all boldness we may speak thy word ; 
and who knows but he will stretch forth his 
hand, that great things may be done by you, as 
instruments in converting and building up of 
souls by the name of his holy child Jesus? And 
if it shall come to bonds (honourable and de- 
sirable bonds), it may be, through the mighty 
assistance and presence of God with the first 
sufferers, many of the brethren in the Lord 
may wax confident through their bonds to 
preach the word more boldly : now, my dear 
and faithful friend, to come to a close of this 
babbling beside my purpose, let me, a poor out- 
cast, unfaithful, sinful wretch, beseech and 
obtest you for Christ's sake, the gospel's sake, 
the poor people's sake, the posterity's sake, your 
peace 1 sake, to take hold of this precious op- 
portunity, wherein many defects may be made 

• Our historian seems to have seen little in 
this meeting besides the contempt which it 
brought upon the indulged Presbyterian minis- 
ters, and tlic effect which it had, or was sup- 
posed to have had, in preventing more extensive 

it was called, came very soon to Edinburgh ; 
and bishop Sharp knew well how to improve 
such an incident, to heighten the fury of the 
managers against presbyterians and conven- 
ticles : and indeed the council did exert 
themselves with the greatest of fervency in 
this matter. June 23rd, I find they give 
warrant to Mr Henry Murray, to inform 
himself anent the conventicle kept in the 
parish of Dunfermline lately. What report 
he made I see not. But upon the 30th of 
June, I find, Eobert Walwood of Touch 
confessed before the council, he had been 

immunities being bestowed upon these quibbling 
trucklers to the royal supremacy ; and his 
account of it, which is most probably garbled 
from Blackader's MS. memoirs, is meagre and 
unsatisfactory. As it was the first armed con- 
venticle, and the first ebullition, since the resto- 
ration, of that spirit of resistance which accom- 
plished the glorious revolution — as it gave new 
life to the friends of religion, and was the mean 
of multiplying and enlarging their meetings 
throughout the united kingdoms, and was pub- 
licly given thanks for in the Scots congregations 
abroad, we shall give Mr Blackader's account 
of it in his own words : 

" On Saturday afternoon, people had begun 
to assemble. Many lay on the hill side all night, 
some stayed about a constable's house near the 
middle of the hill, several others were lodged 
near about, among whom was Barscob, with 
nine or ten Galloway men. The minister (Mr 
Blackader) came privately from Edinburgh on 
Saturday night, with a single gentleman in his 
company. At Inverkeithing he slept all night 
in his clothes, and got up very early, expecting 
word where the place of meeting was to be, 
which the other minister was to advertise him 
of. However he got no information, and so set 
forward in uncertainty. Near the hill he met 
one sent by the minister, to conduct him to a 
house hard by, where they resolved, with the 
advice of the people, to go up the hill, for the 
more security and the better seeing about them. 
When they came, they found the people gathered 
and gathering, and lighted at the constable's 
house, who seemed to make them welcome. 
While they were in the house, a gentleman was 
espied coming to the constable's door and talking 
friendly with him, who went away down the 
hill. This gave occasion of new suspicion, and 
to be more on their guard. However, they 
resolved to proceed to the work, and commit the 
event to the Lord. When a fit place lor the 
meeting and setting up of the tent was provided, 
which the constable concurred in, Mr Dickson 
lectured and preached the forenoon of the day. 
Mr Blackader lay at the outside, within hear- 
ing, having care to order matters, and see how 
the watch was kept. 

" In time of lecture, he perceived some fellows 
driving the people's horses down the brae, which 
he supposed was a design to carry them away. 
He rising quietly from his place, asked what 
they meant? They answered. It was to drive 
them to better grass. However, he caused tluin 

CHAP. V.] 



present at the conventicle on Beeth-hill, 
and is fined in five hundred merits, and 
ordered to lie in prison till he pay it, and 
enact himself in a bond of two thousand 

bring them all back again within sight. After 
Mr Dickson had lectured for a considerable 
space, he took to his discourse and preached on 
1 Cor. xv. 25. ' For he must reign till he hath put 
all enemies under his feet.' In time of sermon, 
several ill affected country people dropped in 
among them, which being observed by Mr 
Blackader, and those appointed to watch, he 
resolved to suffer all to come and hear, but in- 
tended to hinder the going away of any with as 
little noise as might be. Among others came 
two youths, the curate's sons, and about fourteen 
or fifteen fellows at their back who looked 
sturdily; but after they heard they looked more 
soberly. The two young men were heard to 
say, They would go near the tent, and walk 
about to the back side of it, which some, who 
were appointed to watch seeing, followed quick- 
ly ; so they halted in their way. The man that 
came to the constable's house in the morning 
was seen at the meeting, and kept a special eye 
upon. Essaying to go away to his horse at the 
constable's, two able men of the watch went 
after, and asked why he went away? He an- 
swered, he was but going to take a drink. They 
told him, they would go with him, and desired 
him to haste, and not hinder them from the 
rest of the preaching. So he came back ; but he 
was intending to go and inform the lieutenant 
of the militia who was at the foot of the hill, 
and gathering his men. However, the sermon 
closed without disturbance about eleven hours 
in the foreday, the work having begun about 

" Mr Blackader was to preach in the after- 
noon. He retired to be private for a little 
meditation. Hearing a noise, he observed some 
bringing back the curate's two sons with some 
violence, which he seeing, rebuked them, and 
bade let them come back freely without hurt, 
and he engaged for them they would not go 
away. So they stayed quietly, and within a 
quarter of an hour he returned and entered the 
tent; after some preface, which was counte- 
nanced with much influence, not only on profes- 
sed friends, but on those also who came with ill 
intentions, that they stood astonished, with great 
seeming gravity and attention, particularly the 
two young men. It was, indeed, a composing 
and gaining discourse, holding forth the great 
design of the gospel, to invite and make welcome 
all sorts of sinners without exception. 

" After prayer, he read for text 1 Cor. ix. 16. 
' For though I preach the gospel I have nothing 
to glory of; for necessity is laid upon me, yea, 
wo is unto me if I preach not the gospel.' After 
he had begun, a gentleman on horseback and some 
few with him, came to the meeting. He was the 
lieutenant of the militia in that part of the 
country, who, lighting, gave his horse to hold, 
and came in among the people on the minister's 
left hand, stood there a space, and heard peace- 
ably. Then essaying to get to his horse, some 
of the watch did greatly desire he would stay 
till preaching was ended, telling him his abrupt 
departure would offend and alarm the people. 
But he refusing to stay, bpgan to threaten, 

merks, that he shall frequent no 
more conventicles. Such who fol- 
lowed him, met yet with harder measure. 
July 14th, Mr Alexander Hastie, since 

drawing his staff. They, fearing he was going 
to bring a party to trouble them, did gripe and 
hold him by force as he was putting his foot 
into the stirrup. Upon this, Barscob and ano- 
ther young man, who were upon the opposite side, 
seeing him draw his staff, which they thought to 
be a sword, presently ran, each with a bent 
pistol, crying out, Rogue, are you drawing? 
Though they raised a little commotion on that 
side, yet the bulk of the people were very com- 
posed. The minister seeing Barscob and the 
other so hasting to be at him, fearing they 
should have killed him, did immediately break 
off, to step aside for composing the business, and 
desiring the people to sit still till he returned, 
for he was going to prevent mischief. Some, 
not willing that he should venture himself, 
laboured to hinder him. He thrust himself 
from them, and passing forward, cried, I charge 
not to meddle with or do him any hurt; which 
had such an influence on them, that they profes- 
sed afterwards they had no more power to meddle 
with him. The lieutenant seeing it was like to 
draw to good earnest, was exceedingly afraid, 
and all the men he had. But hearing the min- 
ister discharging the people to hurt him, he 
thrust next to be at the minister, who had cried, 
What is the matter, gentlemen ? Whereon the 
lieutenant said, 1 cannot get leave, sir, to stand 
on my own ground for thir men. The minister 
said, Let me see, sir, who will offer to wrong 
you ; they shall as soon wrong myself, for we 
came here to offer violence to no man, but to 
preach the gospel of peace; and, sir, if you be 
pleased to stay in peace, you shall be as welcome 
as any here ; but if you will not, you may go : 
we shall compel no man. But, said he, they 
have taken my horse from me. Then the min- 
ister called to restore him his horse, seeing he 
would not stay willingly. Thus he was dis- 
missed without harm, at the minister's entreaty ; 
who judged it most convenient that the gentle- 
man, and others to whom he should report it, 
might have more occasion of conviction that 
both ministers and people, who used such meet- 
ings, were peaceable, not set on revenge, but 
only endeavouring to keep up the free preaching 
of the gospel in purity and power, in as harm- 
less and inoffensive a way as possible. Some of 
the company, indeed, would have compelled and 
bound him to stay if he had not been peaceable ; 
but they were convinced afterwards that it was 
better to let him go in peace. 

" The whole time of this alarm on that quar- 
ter, all the rest of the people sat still composedly, 
which was observed more than ordinary, in any 
meeting either before or after (seeing such a 
stir), as in many other things the mighty power 
and hand of the Lord was to be seen in that 
day's work, and the fruit that followed thereon. 
When the lieutenant was gone, the rest, that 
dropped in through the day with the curate's 
two sons, stayed still, not offering to follow. 
After composing that stir, which lasted about 
half an hour, the minister returned to the tent, 
and followed out the rest of his work, preaching 
about three quarters of an hcur with singular 




the revolution minister of the gospel 
" at Glasgow, Adam Stobie of Luscar, 
William Adam merchant in Culross, James 
Sloss in Borrowstonness, David Mather 
elder in Brignies, John Rankin in Bonhard, 
James Duncan in Grange, were brought 
before the council, and interrogated if they 
were at the said conventicle. All of them 
acknowledged they were. Then they were 
required to give up upon oath the names of 
the ministers, and others, whom they knew 
to have been at that meeting. This they 
peremptorily refused, and the council imme- 
diately found them guilty of contumacy, and 
fined each of them in five hundred merks, 
and sent them back to prison, there to lie in 
irons during the council's pleasure. I find 
this day the council pass a decreet against 
keepers of conventicles, particularly at Liv- 
ingseat, and Hill of Beeth, fining multitudes 
in great sums. Those persons lay in prison 
till the parliament sat ; and by their second 
act, August 3d, (as shall be observed) 
appointed such who refuse to give their 
oath super inquirendis, to be banished ; and 
upon this act, they, with some others, were 
banished the kingdom, as we shall just now 
hear. So unreasonable and unrighteous 
were our managers now ! They form laws 
to catch conscientious persons in matters 
wherein their principles were concerned; 

countenance, especially after composing the 
tumult. All the time there were several horse 
riding hither and thither on the foot of the hill 
in view of the people ; but none offered to come 
near, for a terror had seized on them, as was 
heard afterward, and confessed by some of them- 
selves. The minister apprehending the people 
might be alarmed with fear, that they could not 
hear with composure, though none did appear, 
did for their cause close sooner than he intended, 
though the people professed and said they would 
rather he had continued longer, for they found 
none either wearied or afraid." — Memoirs of the 
Kev. John Blackader, pp. 141—148. 

Before concluding this note we may remark, 
that of all the outed ministers) with the excep- 
tion, perhaps, of Mr John Welsh, Mr Black- 
ader seems to have been the boldest, and the 
most successful, in collecting at these kind of 
meetings the scattered followers of Christ, 
Whose languid graces he was often the honoured 
instrument of reviving and exciting in a very 
high degree. He had been, like many others, 
ejected from his parish (Troqueer) by the famous 
act of Glasgow, and between the years K565-66, 
harassed by that base tool of tyranny, Sir. lames 
Turner, was obliged to leave that part of the 

yea, even made them look backwards, and 
reach supposed crimes, committed before 
their laws were made. 

Upon the 16th of August, the council 
pass an act against the above named persons. 
" Whereas Mr Alexander Hasty in Dun- 
fermline, &c. as above, being called to de- 
pone anent the conventicle at Beeth-hill, 
and refused; as also Mr John Vernor, and 
Robert Orr in Miln-bank, who had a child 
baptized there, the council banish them out 
of the king's dominions, and order them to 
be transported to the plantations, and not 
to return, on pain of death." Tbis good 
youth Mr John Vernor, was challenged for 
another conventicle, and for this crime of 
conventicles, and that of refusing to betray 
his honest neighbours and acquaintances to 
the fury of persecutors, Mas most barbar- 
ously dealt with. He was fed on bread and 
water, and put so close in the irons, that 
his leg gangrened, which within a little cost 
him his life. Under such cruelties, some of 
the best quality interposed for his liberation ; 
but that meeting was so galling to the 
council and commissioner, that no ear was 
given for some time. At length, when his 
leg turned very ill, upon the 3rd of November 
I find him and Robert Orr set at liberty, 
upon their giving bond and caution to appear 
when called, under the penalty of five hun- 

country, and, with his family, attempt to find 
shelter in Edinburgh. Here he occupied a 
large house, and, especially after Pentland, 
preached in it to crowded audiences. Upon 
special invitation, he soon after this came to the 
west, where, particularly in the parishes of 
Evandale, Newmills, Galston, Dunlop, Fen- 
wick, Eaglesham, and Kilbride, he preached 
often to crowded audiences. These visits he 
frequently extended to Paisley, where he bap- 
tized many children, and to Glasgow, where his 
congregation frequently exceeded two thousand 
persons. At Borrowstonness he established 
a congregation, and, through the interest of his 
relation, major Hamilton, baillie of regality to 
the duke of Hamilton, procured for it the free- 
dom of undisturbed worship. — He continued 
the same practice with much of his Master's 
countenance, as wc may have again occasion to 
notice, till he was, as related by our historian, 
shut up in the Bass, in the year 1681, where he 
may be said to have obtained the crown of mar- 
tyrdom, not, indeed, by the violence of a lew 
hours or moments, but by the more refined 
cruelty of long protracted years of confinement 
and privation. — Ed. 

CHAP. V.] 



dred merks each. And to end the accounts 
of the persecution for this conventicle, upon 
the 11th of August, James Dundas, brother 
to the laird of Dundas, confesseth his being 1 
at the conventicle at the Hill of Beith; and 
refusing to depone before the council, whom 
he saw there, and who preached; they find 
he hath contravened an act of parliament, 
banish him the king's dominions, and order 
him to be transported to the plantations not 
to return on pain of death. However, I 
find, August 28th, Mr Dundas gives his 
oath upon some interrogatories anent this 
conventicle, and is liberate by the council. 
Many others were brought under hardships 
for this conventicle, such as, Margaret 
Martin the lady ColviPs gentlewoman, and 
Bessie Young a servant of hers, who con- 
tinued in prison a long time ; and for several 
mouths the soldiers brought multitudes in 
that neighbourhood to great trouble. 

Another conventicle which made a great 
noise at this time, is that at Livingseat, in 
Carnwath parish, much about the time of 
the former, or a little before it. Their 
procedure against persons alleged to be 
there, was much of a piece; so I may be 
very brief upon it. June 23d, Mr John 
Vernor, who, it seems, was at both, " son 
to Gavin Vernor in Mortoun, being required 
by the council to depone, what he knew of 
the persons present, and minister who 
preached at a conventicle at Livingseat, 
and refusing to give his oath, is committed 
close prisoner, and ordained to lie in irons 
during the council's pleasure, and to be fed 
with bread and water." And further, the 
council fine John Carmichael in Blackburn, 
and David Carmichael in Potishaw, in a 
hundred merks each, for being at that meet- 
ing. And the forementioned decreet, July 
14th, fines a great many others in absence, 
for their being there. 

The last conventicle I notice, was in the 
beginning of July at the Torwood. And 
July 7th, the council being informed of a 
large conventicle at Torwood-head, appoint 
a letter to be written to the earl of Callender, 
to use his interest to bear down conventicles 
in Stirlingshire: and upon August 16th, 1 
find the council have Charles Campbell in 
Airth before them. He confessed he was 


at the conventicle in Torwood ; and 
refusing to depone, was banished, 
and ordered to the plantations. After some 
months' imprisonment, he falls sick through 
his harsh treatment; and, December 8th, 
the council liberate him, upon his giving 
bond and caution under five hundred merks, 
to compear when called. I find little more 
concerning conventicles this year, unless it 
be, that August 1 1th, Mr Alexander Strang 
is called before the council, for alleged 
keeping of conventicles, which he positively 
denies since Martinmas last, affirming, that 
he waited upon ordinances every Lord's day, 
in the parish church where he lives. The 
council dismiss him. 

Of the committee of council, their actings 
in the west, April 1670, the insults upon 
incumbents, and several other things this 

In this section I shall put together several 
occurrences throughout this year, which will 
not so properly come in upon the general 
subjects in the following sections, and may 
be of some use in order to our understanding 
the state of this church, and of presbyte- 
rians; and I shall begin with the attacks 
made upon the episcopal incumbents, and 
the violent prosecution of innocent people 
upon that score. Some of the occasions of 
those attempts, in the general, have been 
pointed at, and now I come to narrate 
plain matter of fact, as far as it hath come 
to my hands. 

The order of time leads me to begin with 
the attempt made upon Mr Robert Boyd 
curate at Carmunnock. " The council, 
January 6th, being informed of a robbery 
committed upon the person and goods of 
Mr Robert Boyd, letters are directed 
against the heritors." We shall afterwards 
have some specimens of Mr Boyd's perse- 
cuting temper, and his sitting in oppressive 
courts with major White. Whether this 
was at the bottom of the attack made upon 
him, or if it was an act of burglary, committed 
by some common thieves, I do not know. 
But, upon the 26th of January, I find a 





decreet given out against the heri- 
tors and parish of Carmunnock, in 
the council registers, bearing", that his house 
was rifled, his wife wounded, and Mr Boyd 
sought for, but not got. Sir Archibald 
Stuart of Castlemilk appears, and acknow- 
ledges the matter of fact, but knows nothing 
of the actors. He and the parish, accord- 
ing to the laws formerly mentioned, are fined 
in fifty pounds sterling, and, February 7th, 
Sir Archibald pays the fine, and it is given 
to Mr Robert Boyd. 

This, with some other attempts of the 
like nature, in other places, about this time, 
produce a committee of the council to 
inquire into them, and for the punishment 
of the actors, and some other things : of this 
it is proper to give some accounts. Upon 
the 6th of April, " the council remit 
it to the archbishop of St Andrews, duke 
Hamilton, and some others, to consider 
tipon ways to secure orthodox ministers, 
to consider the petition of Mr Alexander 
Mortimer minister at Kirkcudbright, and 
the injury done to the minister of Kilmal- 
com; with power to call for the papers 
taken upon Mr John Rae, and to consider 
the decreets given in by Mr Nathanael 
Fyfe, against keepers of conventicles, and 
report." I have met with nothing further 
anent Mr Mortimer, and know not well 
what these papers related to, which were 
found upon Mr Rae : but I hear they 
contained the names of some parents, 
whose children he had baptized, who were 
afterwards prosecuted on that account; 
only I find him upon the 3d of March, 
ordered by the council to be carried from 
the Canongate tolbooth to the Castle of 
Stirling. Upon the 7th of April the report 
is made ; and the council having consi- 
dered it, agree to the commission-instruc- 
tions, and other acts brought in by these 
appointed to consider this matter. The 
tenor of the commission follows : 

Commissions ancnt some disorders in the west. 
" Charles, by the grace, &c. To all and 
sundry our lieges and subjects, whom it 
effeirs, greeting. Forasmuch as, notwith- 
standing divers acts of parliament and 
council made against withdrawing from the 

public worship in churches, keeping of 
conventicles, or private meetings, upon 
pretext of worship, or other religious exer- 
cises, by baptizing or marrying by persons 
not allowed by authority ; and likewise, for 
security of ministers in their persons and 
goods, against the interrupting of Divine 
service, and the acts of council made anent 
ministers indulged to preach: yet sundry 
disloyal and seditious persons, especially in 
the shires of Ayr, Lanark, Renfrew, and 
others after specified, have of late contra- 
vened the said acts, by deserting their own 
parish kirks, keeping conventicles, disorderly 
marrying and baptizing their children, mak- 
ing attempts upon, and offering several in- 
juries unto loyal and peaceable ministers, 
dealing with and menacing them to leave 
their churches, and committing of several 
other disorders, to the high contempt of 
our authority, and great scandal of religion. 
And we, considering that it doth very 
much import our honour, and the peace 
and quiet of this church and kingdom, that 
some speedy and effectual course be taken 
for repressing such disorders and insolen- 
cies, and preventing the like in time coming, 
and that it may contribute to the discovery 
of the actors and contrivers of such disor- 
ders, that the same be tried upon the place 
where they were committed, do, with the 
advice of the lords of our privy council, 
grant full power, warrant, and commission 
to William duke of Hamilton, Alexander 
earl of Linlithgow, William earl of Dum- 
fries, Alexander earl of Kincardine, Wil- 
liam earl of Dundonald, the lord clerk 
register, and lieutenant-general Drummond, 
or any four of them, to put to due anil 
vigorous execution the foresaid acts of 
parliament and council against the contra- 
veners thereof, within the shires of Stirling, 
Linlithgow, Dumbarton, Lanark, Ayr, and 
Renfrew, to levy and exact the pains ami 
penalties therein contained. And to that 
effect we appoint our said commissioners, 
or their quorum, to repair to, and meet at 
Glasgow, the 27th day of this instant, and 
thereafter, to meet at such times, and 
places within the said shires of Lanark, 
Ayr, and Renfrew, as they shall think 
convenient; and then and there, to call 

CHAP. V.] 



before them such persons, as they shall be 
informed have contravened the foresaid 
acts, or any of them; and, if need be, to 
issue warrants and precepts for citing- them, 
and witnesses for proving what shall be 
laid to their charge, to use all trial and 
probation requisite, and to proceed to give 
sentence against such as they shall find to 
be guilty, in fining, confining', or imprison- 
ment of their persons ; and to put these 
decreets in execution, by poinding their 
goods, imprisoning of their persons, or 
otherwise, as accords : with power to our 
said commissioners, or their quorum, to 
seize upon and commit to prison such 
persons as they shall think fit, and to take 
caution for the appearance of any persons 
before our privy councilor before themselves, 
and, in case of refusal, to imprison them : 
and generally with power to our commis- 
sioners, or their quorum, to do and exerce 
all things necessary and requisite for the 
effectual prosecution of this our commission, 
and the particulars above mentioned, as fully 
and freely in all respects, as a quorum of our 
council might have done themselves, promit- 
tend to hold firm and stable. And we do 
hereby require all sheriffs, stewards, herita- 
ble bailies, magistrates of burghs, and others 
our good subjects, within the said shires, 
readily to answer, obey, concur with, and 
assist our said commissioners, being required 
thereto by them ; as they will be answerable 
upon their highest peril : and that they 
make report of their diligence in the 
premises to our privy council, betwixt and 
the first council day in June next. Given 
under our signet at Edinburgh, April 7th, 
" Rothes, Chancellor, Tweeddale, 
St Andrews, Drumlanerk, 

Mortoun, Sinclair, 

Athole, Jo. Gilmour, 

Caithness, Jo. Nisbet, 

Dunfermline, Charles Maitland, 

Weems, Robert Murray." 


Instructions given to the commissioners 
for the western shires. 

" lmo. You are to take trial of the 
business of the minister of Maybole, and the 
attempt made on him, so far as the same 


shall not be tried by the council. 
2do. You are to take trial anent the 
abuse done to Mr John Irvine minister at 
Kilmalcom, both in the church, and in the 
house of Finlaston. 3tio. You are to try 

the abuse done to , minister, while 

he was passing through the town of Kil- 
malcom, and likewise any other attempts 
of that nature, whereof you shall receive 
information. 4to. You are to call before 
you those persons, for whose appearance 
before the council the earl of Linlithgow 
hath taken bonds, for their keeping of 
conventicles. 5to. You are to call before 
you the resetters of the rebels, and put the 
laws and acts of parliament and council in 
execution against them. 6to. In the trial 
to be taken by you of those who have 
contravened the acts of parliament and 
council, you are to begin at the most 
eminent persons, noblemen, and gentlemen. 
7mo. You are to call before you the 
ministers allowed to preach by the council, 
and to take trial what obedience hath been 
given by them to the act of council, dis- 
charging them to lecture before sermons; 
and if they have notwithstanding lectured, 
upon what account they have done the 
same ;* and you are to take trial of their 
carriage and behaviour since they were 
allowed to preach. 8vo. You are em- 
powered to call for thirty horsemen of his 
majesty's troops of guard, to attend you in 
this service, and to execute such orders and 
commands, as they shall receive from you, 
in prosecution of your commission. 9no. 
You are also to give such orders to the 
forces in the west, for removing of their 
quarters, and otherwise, as you shall think 
fitting, in order to the present service. 
lOmo. You are to do all other things requi- 
site for the effectual prosecution of this 
service, which may tend to the settling and 
securing of the peace of the kingdom." 

Jointly with these instructions, there are 
orders given to the officers and commanders 
of the standing forces, to obey such orders 
as shall be directed to them by the said 

* This is another proof of the real nature of 
the indulgence, and that it was at first a snare, 
and in the end a source of much suffering.— Ed. 




. „,-,~ commissioners, or any one of them ; 
1G70. . 

' and the council, the same day, 

make an act anent the payment of ministers' 

stipends thrust from their charges, which I 

likewise insert. 

" The lords of his majesty's privy council, 
considering- the many direct and violent 
means essayed in the western shires of this 
kingdom, to thrust orthodox ministers from 
their charges; and that, as in pursuance of 
their trust, they have made several acts and 
ordinances for the security of the persons of 
those ministers; so it is most consonant with 
justice and equity to take care for their 
maintenance, where, from just apprehensions 
and fears of being- rudely entreated, they are 
forced to desert and relinquish their cure : 
therefore, the said lords do declare, that 
where any of the said ministers are, by 
menacing, just grounds of fear, or violence, 
put from their churches, that during their 
natural life they will maintain them in the 
possession of their benefices and stipends, 
according to their rights thereunto. As 
also, in the cases where the said ministers 
shall be provided to other kirks and bene- 
fices, whereby the former churches shall 
become vacant, the said lords do declare, 
they will give power and warrant to the 
collectors of the vacant stipends, to intromit 
with the benefice, and uplift the stipends be- 
longing to the said churches ; and that ay 
and while orthodox ministers be settled in 
the same by presentations from the patrons, 
and collations from the archbishop or 
bishops of the dioceses where they ly, 
according to law," 

In order to ripen matters for this com- 
mission, the earls of Dumfries and Dun- 
donald are appointed by the council to 
make inquiry beforehand, that the work of 
the commissioners may be shortened as 
much as may be. The procedure of this 
commission, as to the indulged ministers, 
hath been already given account of; and I 
only now consider what they did as to 
orthodox ministers, as they called them, 
who were attacked. The business of the 
attempt alleged to he made nt Maybole in 
Ayrshire, and Kilmalcom in Renfrewshire, 
were before tin- committee; bat indeed no- 
thing could be found in either of them of 

great importance, so 1 shall give but a hint 
of each. 

Maybole business is first in their instruc- 
tions, and it stood thus. When the com- 
mittee were at Ayr, Mr Jaffray, curate 
there, renewed his complaint, which he had 
formerly tabled before the council ; that 
some of his parishioners had attempted to 
murder him, and discharged a pistol at his 
breast. The ball, he said, came upon a 
book, which he was carrying in his bosom 
under his coat, and this saved his life. 
Every body almost reckoned this an ill 
made story, to get a little money, by way of 
fine, from the parish. The heritors and pa- 
rishioners offered to prove before the com- 
mittee, that when Mi- Jaffray first divulged 
the attempt alleged to be made upon him, 
and showed the book which he said was 
under his coat, the book was indeed pierced, 
as seemed, by a ball, but his coat had no hole 
in it; so senselessly was the forgery made. 
But this method, though very natural, could 
not be allowed. Mr Jaffray was permitted 
to produce all his proofs and evidences to 
fix the guilt, but in vain, for nothing could 
be proven : and generally it was believed, 
he had pierced his book himself, and forgot 
to make a hole in his coat. So this busi- 
ness ended in laughter, and very quickly his 
parishioners brought in more solid com- 
plaints against him, as we shall hear, this 
same year. 

Mr John Irvine's business stood thus. 
In February or March, it was pretended, 
evil was designed against him : he was in- 
deed, and not without ground, very ill liked 
in Kilmalcom. While he was preaching on 
a Lord's day, some boys cast a bit of a 
rotten stick at the pulpit in time of sermon. 
Upon the noise it made upon the pulpit, he 
presently left it, and got to his own house. 
As he went home in a fear and haste, some 
of the boys followed him, with huzzas and 
cries, till he got into his house. This is all 
I can hear of. A terrible noise is made, 
that the minister had been stoned out of his 
pulpit, and forced to flee tor his life to the 
manse. The committee examined this riot, 
and found nothing in it but a freak of some 
idle hoys, and that it was a matter very un- 
worthy of such a sputter as had been made 

CHAP. V.] 



about it. What sentence they came to at 
Glasgow, I know not; but I suppose they 
remitted this affair to the council : for in 
their records, June 16th, they find James 
Watson, James Rankin, John Hattrick, and 
William Sinclair, guilty of the tumult in 
Kilmalcom, and of hounding out of dogs on 
the minister ; and the council order them to 
be transported to the plantations. And, 
upon the 23d of June, John Hattrick and 
William Sinclair, because of their youth, are 
liberate, upon condition of their appearing 
before the congregation, and declaring their 
sorrow for abusing the minister of Kilmal- 
com. Whether the other two were banished, 
or got off the same way, I have not informa- 
tion. Upon July 14 th, I find the storm 
lands upon the parish ; and the heritors and 
parishioners of Kilmalcom are first fined in 
fifty pounds sterling, and then it is increased 
to a hundred pounds, to be paid to Mr John 
Irvine ; and the lairds of Duchal and Carn- 
curran, two heritors, then at Edinburgh, are 
discharged to leave the town till they pay 
that sum. 

It was thought that the discoveries this 
council-committee would make, might be a 
foundation of taking away the indulgence ; 
but the members of the committee found all, 
or most of the alleged disorders among the 
common people, were occasioned by the ill 
carriage of the incumbents. Indeed their 
naughtiness, drinking, oaths, and unclean- 
ness rendered them very hateful ; and their 
oppressions, and harsh treatment of their 
people, had produced some disorders: so 
nothing was further done at this time against 
the indulged. 

There are two other attempts this year 
upon the incumbents I have met with, and 
shall bring them in here. June 9th, the 
council order out summons against the 
parishioners of Neilston, for a riot com- 
mitted upon their minister, Mr Alexander 
Kinnier, and his wife. It was libelled, that 
some time in May, upon a Saturday at 
twelve at night, nine or ten men came into 
the house, beat Mr Kinnier and his wife, 
and plundered the house. The heritors are 
fined in a thousand pounds Scots, and Allan 
Stuart of Kirktoun is forbid to remove from 
Edinburgh till it be paid. And, August 28th, 

I find the parish of Glassford, in . 

... 1670 

Lanarkshire, are most injuriously 

fined. It is alleged, that some persons in 

arms attacked the house of Mr James 

Finlay, incumbent there, searched for him, 

and plundered the house. July 14th, the 

council fine the parish in a thousand pounds 

Scots. The house was indeed broke by 

common thieves and robbers ; some of them 

taken for other crimes, and executed, at 

their death confessed they had broke Mr 

Finlay's house ; and, before their death, 

declared, that to their knowledge there was 

not two dollars -worth of skaith done to 

him, and not one person in the parish was 

in the least concerned. 

Some other particulars, I meet with this 
year, shall fill up this section, that the sub- 
jects of the two following may not be in- 
terrupted; and they shall be narrated just 
in the order they fell out. January 13th, 
the council publish a very good proclama- 
tion against papists, which is printed ; and 
had it been prosecute with as much care and 
application, as their proclamations against, 
conventicles, and in defence of their ortho- 
dox ministers, it had been more for the in- 
terests of real religion. But the prelates 
saw to the one and neglected the other; so, 
I find, the same day the council recommend 
it again to the archbishops and bishops, to 
gather up lists of persons who are papists, 
and suspect of popery ; and that a general 
list be formed out of them, and laid before 
the council, January 1st next to come. At 
that time I find no return made. 

With what views a discharge was granted, 
April 9th this year, to general Dalziel, I 
know not; but I have before me a copy of 
a patent, which passed at this time under 
the great seal: " giving and granting him, 
his heirs and executors, a full and ample 
discharge and exoneration of that trust and 
employment he had as lieutenant-general, 
colonel of a regiment of foot, captain of a 
troop of horse, and a company of foot, and 
of the whole heads and tenor of the said 
four commissions, from July 19th 1666, 
until April 8th 1668, when they were 
recalled ; declaring that he shall never be 
questioned, cited, or challenged for any 
actings, orders, or deeds done, or omissions, 




. „_ n if any such have been, in these capa- 
cities, by the king or his succes- 
sors, or any having power from them." 
Without doubt the general needed such 
a discharge, and probably it is now passed 
with a view to his entering upon the full 
possession of some of the forfeited estates. 

In July this year, Mr John Menzies, 
minister of the gospel at Carlaverock, near 
Dumfries, after he had for some time ob- 
served the plain favour shown to papists, 
and had again and again remonstrate against 
the growth of popery, to the bishop in the 
diocesan meeting, and to his brethren of the 
exercise ; when he saw so many favouring 
popery, and violent in persecuting pro- 
testants, he at first withdrew from their 
meetings, and at length he sent his written 
testimony to the presbytery of Dumfries, 
July 12th this year, and therein he declares 
against prelacy, as connected with popery, 
and what he had now discovered a great 
evil in. His own paper will speak best for 
him. How his testimony, which he desires 
may be recorded, was taken, and what 
followed upon it, I know not, but have in- 
serted it at the foot of the page.* We 

* Mr John Menzies' testimony, July, 12, 1670. 

That which hath saddened the heart, and been 
matter of lamentation to many, is, that when 
through the good hand of God upon us, through 
the goodness of our laws, civil and ecclesiastic, 
and through the faithfulness and diligence of 
the watchmen of the Lord's house, the abomi- 
nation of popery was almost rooted out of our 
land, that that noisome and pernicious weed 
hath of late years gotten a great footing 
amongst us again : and 'while not only the 
noisome tares of popery, (being nothing else but 
a bundle of the grossest heresies, blasphemies, 
idolatry, and antichristian apostasy) are not 
only sown and under the clod, but fair above 
ground, overspread many parts of our land, as 
the sad experience of our bounds doth testify, 
but also profanity of all sorts abounding amongst 
all ranks and degreesof people ; and while many 
godly in the land are mourning in secret for 
these abominations, as being a sad prognostic of 
the Lord's departing from us, and a judicial 
stroke of his vengeance, punishing us for some 
former apostasies, and neglect of the exercise of 
religion, that the spiritual watchmen of the 
Lord's house, to whom the care of these things 
doth principally belong, and, for any thing 
known to us, while others are weeping, they are 
not concerned, lying by secure. It is likewise 
not unknown to some of you, that albeit, at 
some of the later synods, I did regret the growth 
of these ills, and did entreat that some effectual 
remedy might be made use of, preventing the 

shall afterwards meet with some others, who 
very happily had their eyes opened to see 
the evil of their conformity to prelacy, and 
left the bishops and their way, from a full 
conviction of this. 

Throughout this year, new discoveries 
began to appear of the villany and oppres- 
sion of the former years, particularly of Sir 
William Bannantyne's grievous oppressions. 
I find several heritors and gentlemen apply- 
ing to the council, and complaining that Sir 
William and others had taken away their 
rights and evidences in the year 1667, and 
craving that they may be returned : and the 
council are so just, as to order their clerks 
to return any of them which are in their 

To conclude this section; when the time 
of the parliament's sitting drew near, the 
commissioner Lauderdale comes down about 
the end of July, and